‘Keep personal biases out of verdicts’

NEW DELHI: Reacting to a court's remarks that relationships formed without societal sanction are "illicit", legal experts on Wednesday said judges shouldn't air their "personal biases" and "orthodox views" through court judgments. Former chief justice of India justice V N Khare condemned the observations made by additional sessions judge Vimal Kumar Yadav. "These are personal views which are totally uncalled for and unconnected to the matter. Law does not say what he is saying," Khare said.

The former CJI was extremely critical of the remarks: "It is views and people like these which are making the society rigid." Senior criminal lawyer Rebecca John said, "A judgment is not a moral science lecture. It must be based on evidence on record." John also said such observations are unnecessary and judges should not be influenced by personal bias. "Society is not a homogenous whole and what is acceptable or not acceptable differs from person to person. Observations of this kind are completely unnecessary while deciding a case of 302 of IPC (murder)," she said.

Retired Delhi high court judge justice S N Dhingra said it is not for judges to issue "sermons". "I do not approve of any such sermons being issued by judges. Every judge must rise above personal bias and cases should be decided only on legal propositions," he said.

Last year, HC had given clear instructions to judges not to make "insensitive remarks" in their judgments.

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