Justice Manmohan on Saturday said criticism of the judicial system should not be seen as condemnation, but as a way to suggest improvements.
He was speaking at a legal conclave and awards ceremony organised by the Society of Indian Law Firms and the Society of Legal Professionals on the theme ‘Justice to all—Accessible and Affordable’.
"Last time, I spoke about improving the system, and my address was misunderstood by some people, as if it were a condemnation of the system. When you talk about improving the system, you often have to talk about the issues that arise in the system. When you highlight the shortcomings in the system, you do so only to improve the system, not to condemn it. Therefore, it should not be treated as a condemnation of the system. Nor should it be used as a weapon by those who wish to further their own case," the Supreme Court judge said.
He said the system can be strengthened only through a balanced approach to criticism.
"Criticism should not be treated as a condemnation of the system. It should be treated as a suggestion," Justice Manmohan added.
Referring to a case he had decided earlier, the judge spoke about an FIR filed against a film producer under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for depicting caste realities.
"Let me illustrate the point that I have just made. A case had come up before me some years ago, which I had decided. It concerned the quashing of an FIR against a film's producer, where an FIR had been lodged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the allegation was that the film depicted the social evil of the caste system in great detail and, therefore, the producer had to be prosecuted under the Act," Justice Manmohan said.
He said he had quashed the FIR, noting that depiction of social issues is necessary.
"Otherwise, how will the public understand it? So, when we talk about the issues arising in the system and seek to improve the system, it is not a condemnation of the system. It is only pointing out that the system requires certain reforms. It is taking the system to a higher level by addressing the shortcomings that exist in it," he said.
On legal education, he said law firms should broaden their outlook.
"They should not just concentrate on India. They have to treat the whole world as a canvas. The world today has to be treated as a single entity. You will have to find solutions to shared problems. That is the tendency of the times," Justice Manmohan said.
He also spoke about the role of technology in the legal system.
"No one is saying that the entire decision-making process should be handed over to technology. Technology must remain human-controlled. We must treat it as an enabler. We must use it, but we must retain human oversight. The ultimate decision must rest with the human mind. But technology should be used as a tool," Justice Manhoman said.
The judge raised concerns over pendency of cases and called for the use of all available means to reduce it. He also questioned whether arbitration has moved away from its original purpose.
"And I think the legal community must debate whether the arbitral system, which was supposed to be a solution to the problem, has itself become a problem. And has it become a problem only because of the way we are conducting arbitral proceedings? Why has the law and the courts ensured that arbitration becomes a replica of proceedings conducted in court? It was supposed to be an informal process. It was supposed to be informal. It was supposed to be inexpensive. It was supposed to have sensitivity. I think we have taken out the sensitivity aspect from arbitration," he said.
He also called for wider use of mediation and suggested a review of the government’s approach in certain arbitration matters.
"If the government has taken a decision to stay out of arbitration law if the claim is beyond a certain threshold, I think that may require reconsideration. Yes, there are shortcomings in the arbitration process. But if you feel it is not working, you have the power to bring about legislation and remove those shortcomings. I think that is the process we must adopt. Remove the shortcomings, but do not say that you will not abide by it or that it will simply be kept outside the system. That is my view on it," he said.