In a rare incident of the judiciary entering into arguments with politicians over the remarks they make outside the court, a judge of the Kerala High Court on Monday questioned nonagenarian Opposition leader VS Achuthanandan’s educational qualification to criticise him and the court.
Justice Haroon Al Rashid’s sharp criticisms — which, in a sense, bordered on reprimand — against Achuthanandan over the comment the latter made on Saturday that the judiciary was scared to openly identify Chief Minister Oommen Chandy as the “influential power” behind his former gunman Salim Raj, an accused in a huge land-transfer scam.
While considering a case of land-transfer fraud committed allegedly by Salim Raj in Kalamassery near Kochi, Justice Rashid severely criticised Achuthanandan for making the comment. Questioning Achuthanandan’s educational qualification to criticise the court, the judge also asked whether the political leader had had any law education.
Advising Achuthanandan and his followers not to use the judiciary to earn applause and to look for other ways for that, Justice Rashid said he could teach law to Achuthanandan if he approached him. The judge said that the court was making observations and pronouncing judgements not out of fear for or dependence on anyone in the world.
The judge also said that advanced age alone was not enough to understand the goings on in the judiciary, adding that such words should not have come from a person who had been Chief Minister of the State for five years.
Achuthanandan reacted to the judge’s criticisms rather stoically. He said in Varkala that his knowledge and energy were the result of his 70-year-long life among the people. “That is my education and qualification. I don’t want to take any advices other than that from anyone. It seems the court has misunderstood me,” Achuthanandan said.
During his visit on Saturday to the lands in Kadakampally, Thiruvananthapuram which were allegedly usurped by Salim Raj with the connivance of the Revenue officials and by using his proximity to the Chief Minister, Achuthanandan had criticised the court and the Chief Minister using strong words.
“The High Court says that there are influential people behind Salim Raj but refuses to openly utter the names of those influential people. Even the judiciary is afraid of uttering the name of Chandy in connection with the scam. The court is standing scared in the issue like someone who has seen a serpent in front of him,” Achuthanandan had said.
Justice Rashid had unleashed his criticisms after the counsel of the petitioner called his attention to the comments of the Opposition leader. But senior lawyers of the High Court said that the judge seemed to have reached the decision to “reprimand” him on his own.
legal experts said that unwarranted criticisms from the part of responsible political leaders and emotionally charged responses to them from judges would do no good to enhance the reputation of their respective fields. “Self-restraint was an essential factor people adorning Constitutional positions should keep,” said a senior lawyer.
Without trying to justify Achuthanandan, a CPI leader said that it was improper for the judge to question the educational qualification of a respected political leader. “Everyone in Kerala knows about the low academic education of Achuthanandan. When the judge questions him on that it becomes an effort to personally ridicule him,” he said.