Madras High Court judge releases self-appraisal card

Source: indianexpress.com

A Madras High Court judge has surprised many by releasing a self-appraisal card, along with a confession that he was releasing 75 cases from his board, in which he reserved orders but failed to deliver final orders.

ustice G R Swaminathan, who became the Madras High Court judge in June 2017, said in a letter on Thursday that he had decided to release the performance card on his own work as he believes “in judicial accountability”.

“I therefore present the performance card below. It reflects the final disposal of the main cases alone,” he said.

In his two-page letter to bar members, which comprises apologies, confessions and a promise to change certain practices to expedite the disposal of cases, Swaminathan said he had reserved several orders and finds it difficult to prepare the orders without the benefit of rehearing.

“But then, I am not supposed to retain the bundles once the cycle is over. Therefore, with heavy heart, I am releasing almost 75 cases from my board,” he said, apologising to the counsel and litigants for not giving disposal to those cases even after reserving orders on them.

In his letter, Swaminathan wrote: “My conscience says ‘Yes’, I have been impatient, sometimes even rude. I hope to put on better behaviour henceforth. Many of my orders have been too cryptic. I request the bar to appreciate that since pendency is heavy, I was more bent on disposals and I could not afford to write long orders.”

He said there has been undue delay in dispatching the order copies as he found it very difficult to correct the draft orders. “I hope to evolve a mechanism to overcome the shortcomings.”

The move by Swaminathan has triggered mixed reactions among bar members — while some have applauded his gesture of being self-critical, others have wondered about the fate of the 75 cases that will have to be heard again from beginning.

Swaminathan also raised eyebrows when he said in his letter, “I shall dictate all the judgments in the open court. This I think will avoid the situation that I am now facing. I have introspected and I wonder if things could have been a little different and far better.”

A senior counsel of Madras High Court said Swaminathan’s declaration would lead to chaos. “There are over 6.5 lakh cases pending in the Madras High Court alone. A judge gets about five-and-a-half hours in court. If he is not going to hear lawyers and going to dictate orders during this time, that may not be a good idea,” the counsel said, adding that even if the judge could dictate an order in 15 minutes, 10 cases will take 150 minutes and “your day is almost over by then”.

Swaminathan also listed his achievements over the past two years. “You may be aware that at least four of my decisions rendered during these two years (Cartoon case, Transgender Judgment, decision on the privacy rights of prisoners and the Sri Lankan Refugees’ case) have attracted widespread attention and notice. How can you assist me more, is a question that I want you to pose to yourself,” he said.

The judge was referring to orders recognising the right of asylum seekers in the country to apply for Indian citizenship on a plea by 65 Sri Lankan Tamil refugees, an order protecting cartoonists from the charge of criminal defamation for their works on political satire, an order upholding the legality of a marriage between a cisgender man and a transgender woman, and an order allowing prisoners’ right to have an unmonitored conversation with their spouses.

He said he can write a good judgment only if the advocacy of bar members are good. “Bad advocacy will breed only bad judgment. I am critically dependent on you,” he wrote, seeking suggestions to improve his performance.