NEW DELHI: Justice B V Nagarathna, who was appointed as a SC judge on August 31, 2021 and in line to become the first female CJI in 2027 September, on Saturday said that Judges who cannot live within their means and fall prey to greed and temptation must be removed from the judicial system.
"Judges who cannot live within their means and fall prey to greed and temptation must be removed from the judicial system. judges must develop courage and independence in discharging their duties and cautioned judges against being influenced by external factors while deciding on cases," Justice Nagarathna said, during a speech delivered by her at the 22nd Biennial State Level Conference of Judicial Officers in Karnataka's Bengaluru.
Praising Karnataka's district judiciary as one of the best in the country, Justice Nagarathna, the lone serving judge at present in the top court, said, a tainted decision by a Judge is a black mark on the Judge and on the Judiciary itself.
On the point of misuse of artificial intelligence(AI) for legal research, she flagged serious concerns about fake caselaws being cited by lawyers due to blind reliance on AI. "There have already been instances where AI has produced incorrect or even entirely fabricated case law citations even in the Supreme Court before my Bench," she said.
Pointing out two specific examples, during in one of the cases she heard, Justice Nagarathna said, when a case titled "Mercy vs. Mankind" was cited, when no such case existed. Another instance was when a Supreme Court judgment relied upon did not contain a quote attributed to it.
On the issue of district courts judges transfer and other related issues, she stated that matters of promotions, postings, transfers and leave for judicial officers must be fair and transparent.
"No judicial officer must feel that he/she has been left in the lurch only because the Registry of the High Court is not taking necessary steps at an appropriate time to assuage their genuine grievances," she said.
Justice Nagarathna added that there must be safety, dignity, and enabling work conditions for women Judges. "The need for not just physical infrastructure but also protection against bias and harassment should be taken care of," she stressed.
Justice Nagarathna also clarified in her speech that the future of justice cannot be shaped by AI, but by judges only; supported by tools, but guided always by constitutional values, rule of law, and commitment to equity and fairness.