Madras HC justice releases performance report, says judges must be accountable too

Justice Swaminathan said, there was an egregious suppression of material facts in a case listed before him, as the necessary party was not even impleaded.
Madras High Court Justice GR Swaminathan
Madras High Court Justice GR Swaminathan Photo | Express

MADURAI: Highlighting the need for lawyers to do thorough checks before making submissions and pleading, Madras High Court Justice GR Swaminathan said that lawyers must do their bit to ensure that judges do not err on facts or laws. Justice Swaminathan’s observations were released in the form of a performance report to mark the completion of seven years in office and clearing 64,798 cases.

He recalled the ripples that his earlier report, that he had released upon his completion of two years, had generated. Many of his colleagues as well as seniors did not relish it, but he said he did not regret his view that all holders of the public office, including judges, ought to be held accountable.

Justice Swaminathan said, there was an egregious suppression of material facts in a case listed before him, as the necessary party was not even impleaded. “It is the lawyer who has to pore over the files carefully and present before the court the facts,” he said.

Citing another instance, Swaminathan said a petitioner had sought a direction to the collector to consider representation, on which he had passed an order. Pursuant to issuing direction to consider, the collector passed an order of cancellation. During hearing, he said he came to know that the collector had no jurisdiction to pass that order. “Due to workload, judges can adjudicate and decide based on what is placed before them,” he said.

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