Threat to independence of judiciary myth: Justice P Krishna Bhat as a retired judge of Karnataka HC | Bengaluru News – Times of India

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BENGALURU: Justice P Krishna Bhat has said there is a vague and lingering view that the threat to the independence of judiciary is less from “without than within”.
Justice Bhat, who retired as a judge of the Karnataka high court on Thursday, was speaking at a farewell here. To his mind, he said the “threat to independence of judiciary is a myth”.

Threat to independence of judiciary myth: Justice Bhat

“If the progeny of judges of the most superior court in the country call on the judicial officers at their residence with eager litigants in tow with an attempt pass slips and, thereafter, drop the name of their forebear with hints of protection, then there is a serious problem to the independence of the judiciary,” he said.
According to the judge, trial court judges can be independent so long as they avoid excesses in the name of protocol. “You (trial court judges) will be independent if you undertake administration, including recruitment processes, in a fearless and independent manner regardless of possible phone calls and chits passed and inevitable possible reprisals,” Justice Bhat said, quoting what he termed “a sagacious advice” from former Chief Justice Vikramajit Sen.
Justice Bhat noted that every time when judges take ages to pronounce on a recusal application, whispers start about the intention and integrity of the judge. “Similarly, if judges are found frolicking in destination holiday centres in questionable company, question is bound to arise as to his independence as a judge,” he added.
On complaints about judicial officers on the verge of probation or promotion passing certain orders upon dictation of high functionaries, Justice Bhat said the remedy would be that such people offer themselves to narco-analysis test. In case they feel the complaint is false and motivated, liability should be on the person who named them, he said, adding: “If such an allegation (acting on instructions) is established or such a perception prevails, then the judge is not independent and credibility is permanently dented.”
The outgoing judge recalled an instance where a high court judge sought action against a district judge as the latter did not receive him at the airport. “Such vanities are destructive of the judicial independence,” he added.
Justice Bhat termed his earlier tenure as HC registrar general “tumultuous”. “It was marked by certain avoidable events like police charging on advocates with each side pointing accusing fingers at the other and some of the brethren jumping into the arena ostensibly assuming certain roles which was felt avoidable,” he added.
Acting Chief Justice Alok Aradhe applauded the service rendered by Justice Bhat during his more than two-decades-long career as a judicial officer and later as a judge of the high court.
Born on August 8, 1960 in Vittal Padnur village of Bantwal taluk in Dakshina Kannada, Justice Bhat did BSc from St Aloysius College, Mangalore, and a law course from Law School, Banaras Hindu University. In 1998, he was directly recruited as a district and sessions judge. He took oath as additional judge of Karnataka high court on May 21, 2020 and was made a permanent judge on September 25, 2021.

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