Thread by @barandbench

Senior Advocate and Queen's Counsel Harish Salve will be speaking on “Insulating Our Judiciary from Social Media Diatribes”.

Avishkar Singhvi will be moderating the Webinar.

@CANFOUNDATION2 #harishsalve

Harish Salve began legal career in 1980 at J. B. Dadachandji & Co., first as an intern, and later as a full-time lawyer.

During this time, he assisted Palkhivala (in picture) in the Minerva Mills Case.

Avishkar Singhvi was an intern at Harish Salve's chamber a decade ago. He is introducing Harish Salve. Avishkar Singhvi, Advocate is also the son of Congress MP and Senior Advocate Abhishek Manu Singhvi @DrAMSinghvi

What could be labelled as diatribe or a bitter vituperative verbal attack that is beyond the limits of free speech, and is in the form of an abusive unsubstantiated allegation targeting a member of the judiciary? asks Avishkar Singhvi

I have always envied the students who have come out of these National Law Universities - Harish Salve

Harish Salve - I am happy that there is an organisation that is helping students in the study of law.

@CANFOUNDATION2

Judiciary has a unique position. A lot of frustration of the citizens on poor governance can be addressed by the Courts is a perception citizens have.

Supreme Court is no lesser than the Parliament or no higher than the Parliament - Harish Salve

Harish Salve narrating the order of Andhra Pradesh High Court.

[Harish Salve is talking about this case - barandbench.com/news/litigatio…]

You can criticise a Judgment.

You can criticise a Judge.

- Harish Salve

However, one cannot attribute motives to the Judge or Judgment is not right

To say Judgment is to favour a political party or Judge has acted in favour of Political Party is wrong.

Supreme Court is not a dartboard

- Harish Salve

You can criticise a Judgment saying the Judge has taken a conservative line - Harish Salve

Should Judges be left to defend these comments on social media? Is there a viable solution for this? asks Avishkar Singhvi

If our GDP has gone down by 1% today, then Supreme Court has to take some credit for that.

By closing down mines and host of judgments… and these judgments are wrong in law.

I read the comments by Solicitor General in the Migrants case. Some of his comments are true, says Harish Salve

Some of the members have said that Supreme Court cannot give relief and we have to approach international courts. It's the same people who come back to Supreme Court.

Some people have gotten used to push the Supreme Court for relief.

When they do not get relief from Supreme Court, they say Judges are not doing this because....

Some people are pushing the boundaries by saying Supreme Court deserves 'F' grade for Its Handling of Migrants.

I have been reading these articles. They are wrong - Harish Salve

Earlier on issue Justice Chandrachud had mentioned that his interns told him,

“Please don’t be on Social Media. It’s scary. The amount of vile threats, abuse which you have received, it is scary”.

quotes Avishkar Singhvi

I made the mistake of joining Twitter. I quit in 2 months. The amount of abuse i got, I quit. @Twitter @TwitterIndia

I have suggested to the Government. You must have Tribunals for Private Defamations. Otherwise these hearings go on and on.

In UK private defamation cases are completed in 6 months.

Prashant Bhushan had made some comments on CJI Kapadia.

Just because you did not get relief, he made comments on the case. The then Attorney General did not take note.

Justice Kapadia was anguished.

@pbhushan1

I moved a contempt motion before the Court.

The contempt petition is still pending.

But Justice Kapadia is no more - Harish Salve
@pbhushan1

People in Government who make comments, then it has to be taken very seriously.

I don't mean they have to be hyper sensitive.

I refer back to the Andhra case. This has to be taken very seriously. @ysjagan

A lot of people who are not elected feel that they can impose their will on the Government through Courts.

One can criticise that Court saying that [in migrants case] either the Court should have intervened or not.. but to say that the Court is scared of the Government is wrong - Harish Salve

If i argue a case and I lose, I should think that I tried my best but I lost.

But if I get a feeling that the Judge did not not give a judgment in my favour because of the opinion "What newspapers might write", then I am worried. - Harish Salve

"If Judge does not agree with me, he is dishonest " - This tendency must be curtailed. We owe it to the system. We have let our systems down.

"My generation have let our system down" - Harish Salve

In Criminal law reporting, we have a complete travesty.

Your investigating agencies are completely off the hook. Its trial by media.

Angry people need instant justice - Harish Salve

The way arrest is being covered, it is made to look like he has been sent to gallows.

We have completely lost the soul of law of bail - Harish Salve

Public Trial is one thing. But a running debate with 5 Panelists commenting is wrong - Harish Salve

Harish Salve speaks about Colonel Purohit case (reporting of this case).

Sreenivasan Jain called me to ask, how come Col. Purohit got bail and put arguments?

I said Sreenivasan, you are so prepared, instead of ASG arguing you should have.

Then he backed off. @SreenivasanJain

The Nira Radia tapes were available with the Tax Department was a serious infraction of Rules. #NiraRadia

Violation of Privacy is a serious issue.

Illegally obtained evidence is allowed in India unlike the US.

But the person who has obtained it illegally, should be tried.

Indians are not serious about privacy. When push comes to shove, we have not stood up for privacy. We have to do that.

My private data is a very valuable property. If you treat that data with less importance, then it should be tried with breach of trust - Harish Salve

Should there be any set of Regulations or ‘self-restraint’ Protocols for former Judges strongly commenting about current judicial affairs at least until the cooling off period expires? asks Singhvi

In my opinion there cannot be a cooling off period. Judges are part of the system. As a Judge, you have to be a team player.

Harish Salve quotes Palkhivala:

Democracy is a ceaseless endeavour.

It's not a safe harbour.

Harish Salve now speaks on Reporting of Court Proceedings.

Refers to Vodafone Hearing: Someone wrote a headline saying "Salve said so what if my client evaded tax"

It was from @PTI_News . When i called PTI, Senior Colleague said my junior was going in and out.

The organisation has to take responsibility for what has been reported.

One thing that should not be reported is the Comments made by Judges.

"Supreme Court slams so and so" is a headline you hear a lot. We need a code of conduct for Court reporters.

Media only should write these regulations.

There is good, bad, the ugly on social media. Who should take responsibility. Should it be the intermediary or independent body? How is this balanced asks Singhvi.

I would recommend a Private Tribunal especially when it concerns the Court.

Singhvi is now asking comments on Justice Muralidhar's transfer to Punjab & Haryana High Court?

I am not in favour of Judges overseeing transfer of Judges.

You want the reasons of transfer of Judges in public domain?

I don't think so.

I therefore wanted a National Judicial Commission, which is independent of the Government and not reporting to the Court - Harish Salve

Public Question: The Supreme Court has been on the receiving end on Social Media over the 4G hearing in Jammu & Kashmir.

What Solicitor General said in Court (over migrants case) requires serious introspection - Harish Salve

Reading the 2 G judgment, Coal Scam, I am unconvinced on the law of what Supreme Court has done

You may disagree with the Court judgment on whether 4 G has to be allowed. But to say the Supreme Court has not stood with the people of Kashmir is wrong

Justice Kaul showed the way in the Supreme Court in the hearing.

He said, if you have no faith in us, you do what you want.

Vote of thanks is given. Webinar is concluded.

The amount of abuse I got, I quit Twitter in 2 months: Harish Salve on Insulating Judiciary from Social Media Diatribes [LIVE UPDATES]

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Treatment of Supreme Court as "national dartboard" must stop: Sr Adv Harish Salve on the permissible bounds of criticising the Judiciary

#HarishSalve #supremecourtofindia
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