BENGALURU: Justice P Krishna Bhat of the Karnataka High Court on Thursday said a judge is not independent, and his/her credibility is permanently dented if an allegation is made of passing orders during crucial stages in their careers, such as probation period, promotion, etc.
“At first blush, it may appear absurd and drastic, but the remedy is that judges, judicial officers and other high functionaries like the Lokayukta/ Upa Lokayukta should offer themselves for narcoanalysis test, if the functionary feels a complaint is false and motivated.
Such situations have caused incalculable damage to the credibility of the functionary, and institution at large. A debate is required and safeguards should be crafted for preventing abuse of the process,” said Justice Krishna Bhat, at a farewell organised by the High Court, on attaining superannuation on August 7.
Mentioning an instance of a HC judge who rose to become Chief Justice, addressing a letter to the Chief Justice of the High Court, calling for action against a District Judge because he was not received at the airport personally by him, Justice Bhat said such vanities are destructive of judicial independence, and such judges render themselves unfit to hold any public positions.
Justice Bhat said trial judges are independent as long as they avoid excesses in the name of protocol, and if they undertake administration, including recruitment processes, in a fearless and independent manner and inevitable possible reprisals. Justice Bhat observed a certain coyness at the higher level and felt it necessary to rechristen the manner of referring to subordinate courts.