Kolkata Chief Minister Mamata Banerjee has been fined Rs 5 lakh by the Kolkata High Court for insulting a judge in a Nandigram election case. Following this, Justice Kaushik Chanda, who was considering the case, recused from the case.
Mamata Banerjee has asked the court to remove the case from Kaushik Chanda's bench as she is a BJP-affiliated judge. The judiciary cannot function independently if each of the plaintiffs begins to accuse the judge of political bias. There can be wars and mudslinging between politicians. Because both parties are of the same feathers.
Mamata has the right to criticize Modi and vice versa. But if there is criticism against the judge, the judge cannot criticize again. That is never a good trend. If the credibility of constitutional institutions is eroded, there will be no other place for the common people to approach for justice. The law allows a case to be transferred to another judge's bench for a number of reasons. If the judge is a relative of the opposing party or the plaintiff, the case may be transferred. Change may be sought even if you are a defendant’s attorney before becoming a judge. But demanding a change of bench by saying that the judge is a member of a political party is an insult not only to the judge but to the judiciary as a whole.
People do not take at face value the words if political party leaders seriously. Because today those who stand like snake and mongoose may line up under one umbrella tomorrow. Those who were Mamata's spokespersons till yesterday may come to Modi's tent tomorrow and vice versa. That is why people give so much importance to the mutual criticism of politicians. This is not to say that the judiciary should not be criticized. The verdict can be criticized. But the judge who wrote the verdict should not be personally criticized. Constitutional experts have set such boundaries to ensure the smooth functioning of the democratic system. Violating such boundaries can be seen as going overboard.
Mamata Banerjee has approached the court seeking annulment of the election victory of Suvendu Adhikari, who contested against her in the Nandigram seat. Suvendu Adhikari was a follower of Mamata till yesterday. But when it comes to the case, the court considers the evidence and the facts. No one can predict how it will come out. Many, many gimmicks will shown outside the court to favour the case. Mamata's criticism should be considered as only one of them.