SC raps K’taka HC judge for labeling Muslim-dominated area 'Pakistan'

NT Correspondent New Delhi / Bengaluru: The Supreme Court (SC) on Friday took cognisance of video clips being shared on social media which show a Karnataka High Court (HC) judge making questionable remarks during two separate hearings. During an August 28 hearing, Justice Vedavyasachar Srishananda referred to a Muslim-majority locality in Bengaluru as Pakistan and implied that traffic police couldn’t enforce rules there due to the lawless nature of the community. “Go to that Mysore Road fly-over. Every auto-rickshaw has got 10 people. It is not applicable because the Mysore Road fly-over up to the (KR) Market from Gori Palya, is in Pakistan, not in India.This is the reality. Post any strict (traffic police) officer there and let him try to impose rules there,” Srishananda said. The judge was commenting on the need to impose traffic discipline. He was referring to autorickshaw pooling used by labourers to shuttle between their homes and KR Market. In another video, Srishananda can be telling a woman that she knew too much about the opposite party and might even have knowledge of the colour of his underwear. “Is he an income tax assesse,” he asked the defendant. Upon which the opposing counsel, a woman, replied: “Yes, he is an income tax assesse.” Srishananda shot back: “Wait amma. Why are you replying? You know everything about him. If I ask her tomorrow morning, she’ll tell me what colour undergarments he wears” even as the woman advocate apologized.

On Friday, a five-judge bench headed by Chief Justice of India (CJI) DY Chandrachud sought a report from the High Court registrar general on the comments. The Supreme Court said it may lay down basic guidelines about judges making observations in court.

Civil society, advocates demand action: People’s Union for Civil Liberties Karnataka (PUCL-K) and the All India Lawyers Association for Justice (AILAJ) have expressed “concern” over Srishananda’s remarks, demanding “remedial action.” PUCL and AILAJ said the remarks were prejudiced. They added that the comment implying Muslims couldn’t be made to obey traffic rules was offensive stereotyping.

Calling on judges to adhere to judicial ethics, PUCL-K and AILAJ reasoned these remarks violate the Bangalore Principles of Judicial Conduct, which stress impartiality, integrity, and respect. They also cited a Supreme Court judgment on judicial restraint. Jagaruta Nagarikakaru (Aware Citizens) Karnataka (JNK) also issued a statement, claiming that the comments were a part of the larger developments including another state High Court judge praising Manusmriti and Prime Minister Narendra Modi calling on the CJI for Ganesha festivities.

“Our country has accepted the Constitution which regards adherents of all religions as equal. The country is witnessing several atrocities against the religious minority Muslim community. Under such circumstances, we are terrified that such opinions from a judge will lead to a deterioration of harmony among people,” the JNK statement said.