Thread by @barandbench

Senior Advocate Harish Salve to shortly speak at Justice PD Desai Memorial Lecture.

Theme of the lecture is "Criticism of Judiciary, Contempt Jurisdiction and its use in the age of social media".

#SocialMedia #HarishSalve

The lecture has been organised by Justice PD Desai Memorial Lecture Committee.

#MemorialLecture

Event begins.

Nishant H Lalakiya welcomes the participants.

#HarishSalve #MemorialLecture #PDDesai

Senior Advocate SN Shelat welcomes all dignitaries.

Senior Advocate Shelat remembers Justice PD Desai.

Last year we had Justice DY Chandrachud for the memorial lecture : Shelat

Sehlat introduces the speaker for the evening, Senior Advocate Harish Salve.

Harish Salve is simple yet professional at heart : Shelat

He has been ranked as one of the most powerful men the country today: Shelat

The subject of the lecture is chosen by him : Shelat

This webinar is will an opportunity to listen to our guest from the comfort of your home : Shelat

Senior Advocate Harish Salve begins, welcomes all dignitaries.

This subject has for some reason found itself at the centre stage: Salve

In present times, the two (Contempt and Criticism of Judiciary) seem to be joined at he hip. It gives one an opportunity to sit back and see where we are: Salve

How do we work towards creating a body of law which serves democracy and governance best and help us achieve the virtues our founding fathers set out : Salve

Strength of the institution comes from the faith of the people.. on Jan 2020 if somebody had asked me to give a speech. I would have never thought that it would be before a computer screen: Salve

While the gates of our homes are locked.. the world has changed and we have survived. It is a different world. Similar problems plague institutions all over the world: Salve

All of us in democracies have similar problems.. we can look around and find solutions that match our ethos : Salve

One things of which we can justifiably be proud is how democracy has prospered.. we have a Judiciary which is independent and a Parliament that make laws : Salve

We have done wonderfully well. No democracy has been free of problems. We hace had our problems. We have managed to keep democracy on the move. Recognition of speech in all its dimensions has been nurtured in its correct spirit: Salve

Right to speech is expanded to right to know.. to develop principle of transparency. No govt can think of removing RTI law or curtail free speech : Salve

Governments today have in their heart been driven to accept that democracy is not negotiable. That by itself .. has been a great advancement: Salve

I always say the turning point was Krishna Iyer-isation.. that identity that he gave to court and Indian jurisprudence has helped the courts to evolve from dispute resolution tribunals to institutions of governance: Salve

The second is institutions that are willing to test the larger constitutional underpinnings of important decisions that affect the country and its people: Salve

In a areas, our courts have been at the forefront, seeing the constitutional underpinnings. This has been a great March forward: Salve

This comes the critisism.. it is seen as an attribute of a free society. Where do we then draw the lines? Do we need the lines? : Salve

Lines must be drawn in a way that the overall system helps everyone March forward: Salve

The dust and din of democracy helps keep institutions in check: Salve

Law of contempt was evolved back in the day when courts and kings were one : Salve

Contempt was a form of assertion of authority by King. Even criminal contempt was used for weird purposes: Salve

Some very important principles were adopted by courts.. I don't think anybody challenges assertion by the courts when it comes to compliance of their orders : Salve

Salve discusses a decision by Lord Reed on contempt.

Salve points out recent coverage of criminal proceedings by electronic media.

They are the accusers, investigator, prosecutors and judge. There is a jury they call panel : Salve

There is no justifiable contempt : Salve

We talk of criminal contempt.. it is almost disappeared. Scandalising court has become obsolete: Salve

Judges have over the years evolved a very robust attitude where they do not let such critisism bother their work. Part of the job to grin and bear it : Salve

The system has developed the strength to deal.. scandalising the court has come to disuse. Protecting judges, protecting the institution are no longer considered the philosophical underpinnings of contempt law: Salve

What happens when judges have to interfere to protect public faith? : Salve

There we have to realise that can we without careful scrutiny borrow development from other States : Salve

We have accepted that Constitutional courts are institutions of governance and be open to public scrutiny: Salve

Governance has to be under intense scrutiny otherwise democracy is in peril. Secrecy has no place.. Supreme Court may consider a very large number of provisions of Official Secrets Act how far do they square with democracy: Salve

The problem is width of teh discussion. We have accepted that decisions of the court can be critisised.. decision making process.. why not? Have we not heard of critisism of laws made by Parliament: Salve

Why can we not critisize the decision making process of co equal Constitutional institution the courts.. yes we can.. can we not ask why certain cases wee heard in a certain way? Yes : Salve

Justice is administered in public gaze: Salve

English Courts loath to order secrecy in proceedings: Salve

Are we entitled to critisised a slant ...some strongly believe in virtues of open free economy, some beleive in socialist economy.. haven't we had judges we call pro-citizen judge or pro-government judge : Salve

That is not a critisism of a judge. It is a mindset, that is human: Salve

Where do we draw the line ? That is the question that we have to consider in 2-3 contexts: Salve

Who is rendering this critisism? If there is a tweet by a law person, and today judges work under the intense graze of those who have nothing better to do.., should we even take cognizance of those? No we should not : Salve

Grin and bear it. Critisism by politicians raises different issues : Salve

I think what we need to recognise .. is not to treat judges as sitting in ivory towers.. that is no longer a test : Salve

Salve refers to cases of critisism in UK.

What we need to note is in cases involving public moment, people in public life would critisize. That critisism if it pertains to a principle cannot be scandalising the court : Salve

The relationship between the organs of government is written in shifting sands .. haven't we seen cases over which the court in 60s said we have to jurisdiction.. are heard today. The court may go back to their conservative stance: Salve

Constitution is not static .. it grows: Salve

How can this be achieved unless you are critisised. Critisism of judges, critisism of what is called judicial overreach, manner of functioning is not scandalising the court : Salve

Language in which critisism is addressed should be treated with a smile. Where do we draw the line or throw the principle in the dustbin?: Salve

There is on area in which judges must be protected.. casting aspersions on an institution inconsistent if its character of an independent institution : Salve

You can say that a judge or a judgement have thrown to the winds the limitations on the power of the Judiciary. You may use strong language.. that they have misread their jurisdiction: Salve

Language doens't hurt.. if the critisism comes down to overreach.. but to say you granted bail because you are acting under the pressure of the government, that acts the foundation of the institution. That scandalises public faith : Salve

To say that an institution has lost its independence, to allege corruption is, if established to be untrue, undermining public faith : Salve

Should we throw away the principles of scandalising the court? In my personal view, I don't think in India we have reached that stage of maturity in our society where people have the restraint : Salve

People don't have the maturity to understand what is a ludicrous allegation .. allegation made by a non entity may perhaps be not treated as much seriousness as compared to a person who has the capability of swaying opinion: Salve

I don't think we are ready to do away with that. How to strengthen our institution.. How we do correct of appointment of judges for greater public faith ..is for another day: Salve

We have seen Indian democracies mature and grow.. today we can say that Supreme Courts and the High Courts are viewed by average citizen by a great degree of respect: Salve

The ultimate test of public faith is the kind of work that reaches you.. that is the greatest comfort to a Judge: Salve

This power to deal with people who are capable of influencing.. you may be in a position where public look upon you.. or a Twitterati. We owe it as members of Bar to protect our institution: Salve

It breaks my heart to see judges being critisised and courts being critisised and members of the Bar not responding to it : Salve

Salve discusses an incident in which Justice Kapadia's judgement was called corrupt.

This is something we owe to the judges. We are part of the same institution. Courts cannot reply to ill informed critisism but it is equally true that we must deal with it : Salve

Ill informed critisism should be killed by the Bar : Salve

I have no doubt in my mind .. our generation has failed but I have great faith in the next generation: Salve

I see these youngsters who come out of law colleges and I see their passion: Salve

Salve concludes.

Event comes to an end with the vote of thanks.