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A Much Talking Judge Is Like an Ill-Tuned Cymbal

By Justice Markandey Katju
Former Judge of Indian Supreme Court
Mumbai, India

The present Chief Justice of India, Justice B.R. Gavai, like a previous CJI D.Y. Chandrachud, talks too much in court, ignoring the dictum of former Lord Chancellor of England Sir Francis Bacon that:

“A much talking judge is like an ill tuned cymbal.”
Recently, Justice Gavai, on a plea in a petition before the Supreme Court by a Hindu to restore the beheaded idol of Lord Vishnu at Khajuraho reportedly said:

“Go and ask the deity itself to do something. You say you are a staunch devotee of Lord Vishnu. So go and pray to it (to restore its own head).”

Where was the need for such a remark? Justice Gavai could have dismissed the petition simply saying that there was no merit in it.

This comment is being widely criticized in the media and elsewhere as an insult to Hindu sentiments.

One person even said Justice Gavai should also tell Muslims to ask Allah to restore the Babri Masjid.

I am not going into the merits of the case, nor into the question whether this “hurting our religious sentiments” is being overdone. I am only saying that judges should not talk much in court.

Their job is basically to listen. The job of talking in court is that of lawyers. Of course, judges can ask the lawyer for some clarification which they require, but thereafter they should remain silent. Ultimately, of course, the pen is in their hand, and they can decide whatever they want to. Where, then, is the need to talk?

It is a long-standing, well-established convention in the judiciary that judges should only speak through their judgments, not by oral sermons and homilies in court, or discourses in public gatherings.

While in England a few years back, I visited the High Court in London. There was pin-drop silence in the court, the lawyer arguing in a very low voice, and the judge quietly hearing the case. Occasionally, the judge asked some questions to clarify a point, but that was about all.

Indian judges too should learn to behave like that, instead of being garrulous. The atmosphere of the Court should be one of serenity, tranquility, and calm — the lawyer arguing in a low voice, and the judge listening silently and patiently, unperturbed.

(Markandey Katju is an Indian jurist and former judge of the Supreme Court of India who served as chairman of the Press Council of India from 2011 to 2014)