Justice Dixit Questions Propriety of Sitting SC Judge’s Remarks on SIR Case

Bengaluru, Oct 6 : Retired Karnataka High Court Judge Justice Krishna S. Dixit has questioned the propriety of a sitting Supreme Court judge publicly commenting on the merits of the politically sensitive Special Intensive Revision (SIR) case pending before the apex court.

Justice Dixit said pending cases should not be discussed in a manner that could influence their merits or the eventual judgment, stressing that the issue concerned judicial discipline and institutional credibility rather than any individual judge.

Referring to the 1742 House of Lords judgment in Roch vs Garvan, Justice Dixit said the principle that the merits of pending proceedings should not be publicly commented upon had been recognised for centuries. He also cited the 1821 House of Lords case King vs Clement, in which publishers and editors, he said, faced consequences for publishing material concerning pending proceedings.

He said the same principle found expression in the Bangalore Principles of Judicial Conduct, adopted in 2002 following a UN-backed judicial conference attended by representatives from around 80 countries, including India, the United States, France, Canada and Japan.

According to Justice Dixit, the principles require judges to refrain from expressing opinions on pending cases as well as matters that could foreseeably come before them.

“The SIR case is before a larger bench of the Supreme Court. It is not a matter that has ended; it is an ongoing proceeding. In such a matter, a sitting judge commenting on its merits is not proper,” he said.

Justice Dixit underlined that the concern extended beyond the individual judge and directly involved public confidence in the judiciary.

“The strength of a judgment lies in its acceptance by a civilised society. That acceptance requires people to have a plain and open mind. If we contaminate that mental plane, the decision that ultimately comes from the Supreme Court can be affected in its public acceptance,” he said.

He also referred to SIR-related litigation before various High Courts, including those in Bombay, Calcutta and Kerala, to highlight the wider constitutional and legal implications of the issue.

Drawing a parallel with developments in other jurisdictions, including the United States, Justice Dixit referred to the US vs Microsoft proceedings while discussing concerns over judicial comments on pending matters.

Making it clear that his observations were not directed personally at any judge, Justice Dixit said he was speaking on the broader issue of judicial conduct and established principles governing the judiciary.

His remarks assume significance amid an intensifying political and legal battle over the SIR exercise, with the Supreme Court currently examining challenges relating to the revision of electoral rolls.