Judiciary needs to be open to assessment: Justice Chandrachud

Mumbai, Jan 11 (UNI) The Judiciary must open up to criticism and assessment for greater transparancy in the system, Justice D Y Chandrachud of the Bombay High Court said today.

Delivering a lecture on 'Will India have a World Class Judicial system', organised by the Bombay Chambers of Commerce and Industry here, he said ''Are we judges not at fault that we don't perceive ourselves as facilitators to settle disputes? Most cases can be resolved by dialogue between the parties.'' Justice Chandrachud said ''Our Judiciary is an instrument of economic development. Today, the judiciary is being called upon to decide on issues of potholes on the roads, amount of water to be released by the Corporation daily and environment problems. Where do we draw the lines?''.

The judiciary has to decide on these issues as the institution responsible for these facilities have failed to discharge their duties. There is a breakdown of governance,'' he remarked.

But there was an urgent need for reforms in especially the criminal laws, Justice Chandrachud said.

The right of an accused to remain silent is sacrosanct in the eyes of law. But if the one who is in best possession of all the facts remains quiet, what about justice, he questioned? ''Should then his right to remain silent be diluted to reach the root of the crime?'' he asked.

Also, for a better judicial system, we need specialised investigating officers who are different from the ones that maintain law and order, he added.

The need for institutional change is so severe, can be demonstrated by the act of people turning to groups with muscle power rather than judiciary to resolve their disputes, Justice Chandrachud said.

However, people's perception of justice gets endorsed when the verdict is the same as what they believe it should be. but it is the greatest misnomer today. Judgements are delivered on the basis of evidence and principles of law, Justice Chandrachud said.

''A judge's philosophy while delivering a verdict is, not his personal philosophy but enacted by law,'' he said.

UNI