The Meghalaya High Court today said that criticism of even court judgments are accepted as long as the criticism is not scurrilous.
“This court is a public institution and even judges should be open to criticism. However, there is a limit which cannot be crossed so that the dignity of the institution and the confidence that ordinary people repose in the same is not unduly challenged or disturbed,” the division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said today while hearing the contempt proceedings against the Hynñiewtrep Youth Council (HYC)
It may be noted that the contempt proceedings were related to sloganeering indulged in by members of the HYC outside the High Court premises in 2015.
During the hearing, Kaustav Paul, the lawyer appearing for the HYC assured the court that the HYC believes in the Indian Constitution and its office-bearers swear allegiance to the same.
On this, the High Court said that it would be best if short affidavits are individually filed by all the office-bearers of the organisation swearing allegiance to the Constitution and undertaking not to disturb peace and harmony.
“Considering the words used in the course of the sloganeering, which may be misunderstood as an act of militancy, if the organisation and its office-bearers swear allegiance to the Constitution and undertake not to disturb peace and harmony, the matter should end there,” the High Court said.
“It must be remembered that, subject to certain known restrictions, every citizen in this country has a right to peacefully protest and voice his opinion, however unpalatable the same may be. It is also necessary that criticisms of even court judgments are accepted, as long as the criticism is not scurrilous,” the High Court said.
