Judges must not use protocol facilities in way that leads to criticism of judiciary: CJI Chandrachud

In a letter to the Chief Justices of all the high courts, Chief Justice of India DY Chandrachud has said that judges should not utilise protocol facilities in a way that annoys others or attracts negative attention to the judiciary. Expressing his displeasure over a recent incident in which a Allahabad High Court judge sought explanation from railway authorities for “not meeting his requirements” during a train journey, he said a Judge of the High Court does not possess disciplinary jurisdiction over railway personnel. “Hence, there was no occasion for an officer of the High Court to call for an explanation from the railway personnel ’to be placed before His Lordship for kind perusal’. “Evidently, the officer of the High Court in the above communication was carrying out a direction of the Judge of the High Court in this instance (’the Hon’ble Judge has desired’),” the CJI said in the letter dated 19 July. Chandrachud said communication which has been addressed by an officer of the High Court to the General Manager of the Railway establishment has given rise to justifiable disquiet both within and outside the judiciary. “Protocol ‘facilities’ which are made available to Judges should not be utilised to assert a claim to privilege which sets them apart from society or as a manifestation of power or authority.” “A wise exercise of judicial authority, both on and off the Bench, is what sustains the credibility and legitimacy of the judiciary and the confidence which society has in its judges,” the CJI wrote. Chandrachud said he was writing this to all chief justices of the high courts with a request to share his concerns with all their court colleagues. “Self reflection and counselling within the judiciary is necessary. Protocol facilities which are made available to Judges should not be used in a manner that is liable to result in inconvenience to others or to bring public criticism of the judiciary,” the CJI said. In a recent incident, a judge of the Allahabad High Court called for an explanation from railway officials for allegedly not meeting his requirements during a train journey from Delhi to Prayagraj. Subsequently, a letter was sent by the Registrar (Protocol) of the Allahabad High Court to the General Manager of the North Central Railway, Prayagraj, seeking explanation on the issue.