New Delhi: Supreme Court judge Justice Manmohan on Saturday said that any criticism of the current regime should not be treated as a condemnation but as a suggestion.
He was speaking at a legal conclave and awards ceremony organized by the Association of Indian Law Firms and the Society of Legal Professionals on the theme: “Accessible and Affordable Justice”.
“Last time I spoke about improving the system, and my speech was misunderstood by some, as if it were a condemnation of the system. When you talk about improving the system, you often have to talk about issues that arise in the system.
“When you highlight the shortcomings of the system, you are only doing so to improve the system, not to condemn it. Therefore, this should not be treated as a condemnation of the system. It should not be used as a weapon by those who wish to advance their cause,” the Supreme Court judge said.
He said the most important thing is to have a healthy way of dealing with problems.
“Let me illustrate the point I just made. I was presented with a case several years ago, and I decided it.
“The matter is about quashing an FIR against a film producer, where the FIR was lodged under the Scheduled Castes and Scheduled Tribes Act and the allegation was that the film depicted the social evil of caste system in great detail and, therefore, the producer had to be prosecuted under the law,” Justice Manmohan said.
The High Court judge said he quashed the FIR because the case gave him a good opportunity to say that a film that sought to convey that a social practice was evil necessarily had to depict that social practice.
“Otherwise, how will the public understand it? So, when we talk about issues arising in the system and seek to improve the system, it does not mean condemning the system. Rather, we are just pointing out that the system requires certain reforms. It takes the system to a higher level by addressing its shortcomings,” he added.
Justice Manmohan added: “Criticism should not be treated as a condemnation of the system. Rather, it should be treated as a suggestion.”
He said law firms should not take a narrow view of legal education issues.
“They should not just focus on India. They should treat the whole world like a painting. The world today should be treated as one entity. You will have to find solutions to common problems. This is the trend of the times,” Justice Manmohan said.
Regarding the role of technology, he said that it has always been a double-edged sword.
“No one is saying that the entire decision-making process should be handed over to technology. Technology should remain under human control. We should treat it as an enabler.
“We must use it, but we must retain human control. The final decision must rest with the human mind. But technology must be used as a tool,” Justice Manhuman said.
The High Court judge also pointed out the issue of attachment, saying all available means should be used to reduce it.
“And I think the legal community should debate whether the arbitration system, which was supposed to be a solution to the problem, has itself become a problem. Has it become a problem just because of the way we conduct arbitration proceedings?”
“Why do the law and the courts ensure that arbitration becomes an exact copy of the proceedings that take place in court? It was supposed to be an informal process. It was supposed to be informal. It was supposed to be inexpensive. It was supposed to be sensitive. I think we have removed the sensitive aspect of arbitration,” he said.
Justice Manmohan urged the government to ensure mediation participation at all levels.
“If the government made a decision to move away from the arbitration law if a claim crosses a certain threshold, I think that might require reconsideration. Yes, there are shortcomings in the arbitration process. But if you feel it’s not working, you have the power to legislate and remove those shortcomings.”
“I think this is the process we should adopt. Remove the deficiencies, but don’t say you won’t adhere to them or they will simply stay out of the system. That’s my view on it,” he said.
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