The Madras High Court has stated that corruption within the judiciary cannot be denied, emphasizing that judges should not be treated as holy cows. A vacation bench, comprising Justices G R Swaminathan and V Lakshminarayanan, made these observations while dismissing a plea seeking a ban on the Tamil film 'Karuppu', starring Suriya. The detailed order, published on Wednesday, defended free speech and artistic freedom, referencing past remarks by former Chief Justice of India S P Bharucha and Supreme Court rulings that acknowledge judicial corruption.
Court's Stance on Judicial Integrity
The bench noted that the higher judiciary regularly acts against black sheep within the system. It stressed that criticism of the judiciary cannot be suppressed merely because it is unpleasant or uncomfortable. The judges remarked, Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respect even through outspoken comments of ordinary men. This statement underscores the importance of public scrutiny in maintaining judicial accountability.
Artistic Freedom and Satire
Observing that cinema and satire inherently employ exaggeration, the bench emphasized that filmmakers are entitled to artistic license. The court highlighted that freedom of expression under Article 19(1)(a) of the Constitution protects even unpopular or offensive speech. The judges further noted that courts and judges should be open to public criticism and debate, citing several Supreme Court rulings and foreign precedents on free speech.
The bench declared, Judges are not above criticism, adding that democratic discourse should remain uninhibited, robust, and wide open. The court also took note of the fact that the Central Board of Film Certification had cleared the film for release, stating that the high court would not substitute its opinion for that of the statutory expert body.
