"It is becoming very alarming but we are in the era of paid and fake news because of the digital era. Stories are created...and somebody puts it on any digital mode and these, in few hours time, become viral. The reach is a billion people," he said.
Judging is "under stress" in the digital era, a Supreme Court judge said Sunday, lamenting that even before a case is taken up by the court, people start discussing on social media what the outcome "should be" which has an influence on the judges.
Talking on "Freedom of press in the digital age" at the first Law Association For Asia and the Pacific (LAWASIA) conference here, Justice A K Sikri said the freedom of press is changing the paradigm of civil and human rights and the current pattern of media trials is an example of it.
"Media trials were there earlier also. But today what is happening is that when an issue is raised, a petition is filed, (and) even before it is taken up by the court, people start discussing what should be the outcome. Not what 'is' the outcome, (but) what 'should be' the outcome. And let me tell you from my experience here that it has an influence on how a judge decides a case.
"It is not so much in the Supreme Court because by the time they come to the apex court they are quite matured and they know how the case is to be decided on the basis of law irrespective of what is happening in the media. Today judging is under stress," Justice Sikri said.
Justice Sikri was part of the 3-member panel which decided to remove Alok Verma as CBI chief.
He said the power of contempt of court is not being used that much.
"Few years ago, it has always been an opinion that once a judgment was rendered by the court, be it the Supreme Court, high courts or any trial court, you have every right to criticize the judgement. Now there is slander or defamatory speeches even against judges who gave that judgment. And still not much is said on this," Justice Sikri said.
1. Media has undergone complete transformation in digital age
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Justice Sikri said the media has undergone a complete transformation in the digital age and now "we are in the era of paid and fake news".
"It is becoming very alarming but we are in the era of paid and fake news because of the digital era. Stories are created...and somebody puts it on any digital mode and these, in few hours time, become viral. The reach is a billion people," he said.
2. 'Era of paid and fake news'
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He said though social media has become a watchdog, there was a challenge to human rights also as there is a real threat of surveillance by both private and public players.
"How data is mined, how players like Facebook, WhatsApp etc collate data, how they can see what their consumers' choices and preferences are. If it affects the freedom of people, privacy of people, then it becomes a very dangerous instrument. And issues of dignity comes in," he said.
3. The CBI case
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Justice AK Sikri earlier withdrew his consent to a government offer to nominate him for president/member in the London-based Commonwealth Secretariat Arbitral Tribunal (CSAT).Sources close to the second senior-most judge after the Chief Justice of India told PTI that the consent was withdrawn Sunday evening when the judge wrote to the government."The government had approached him for the assignment last month. He gave his consent. The job required attending two to three hearing per year and came without emoluments," the sources said.
The government is understood to have recommended Supreme Court Judge A K Sikri's name as India's nominee for president/member in the CSAT.
Official sources said nomination of Sikri, who retires on March 6, was made last month following an internal process carried out by the Law Ministry.
Justice Sikri, the second senior-most judge in the apex court after Chief Justice of India Ranjan Gogoi, was part of the three-member panel along with Prime Minister Narendra Modi and senior Congress leader Mallikajurn Kharge which decided on removal of Alok Verma from the post of CBI Director.
Sikri's vote proved crucial to remove Verma from his post as Kharge opposed the move strongly while the government was pushing for Verma's sacking. Justice Sikri supported the government.
The External Affairs Ministry communicated to CSAT about India's nomination, the sources said.
4. Justice Katju's defence of Justice Sikri
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A lot has been said and written about Alok Verma’s ouster. While the Opposition is understandably crying foul, the CVC has given various reasons why Verma was flagged.
Corruption and dereliction of duty flagged by the Central Vigilance Commission in its enquiry report, citing telephone interceptions by external spy agency RAW, led to the unceremonious exit of Alok Verma as the CBI chief, the first in the probe agency's over 50-year history.
According to officials, the high-powered panel led by Prime Minister Narendra Modi considered the CVC report which levelled eight counts of charges against Verma, who had been reinstated by the Supreme Court on Tuesday.
The panel's decision to remove Verma was based on a majority vote of 2:1 with Congress leader Mallikarjun Kharge opposing it and Justice A K Sikri siding with the government, they said.
Former SC judge Katju, spoke to Justice Sirki and explained his rationale in a Facebook post. Read it below:
Once again about Justice A.K.Sikri
Yesterday I had put up a fb post about Justice A.K.Sikri, Judge, Supreme Court, who was on the 3 member committee which resolved ( by a 2-1 majority ) to remove Alok Verma from the post of Director, CBI.
Many people commented on the post asking why Alok Verma was not given a hearing by the committee before taking its decision , so I telephoned Justice Sikri this morning and asked him what he has to say about this. I also took his permission to put up this post on fb.
Justice Sikri said the following:
1. The CVC had recorded prima facie findings of guilt on some serious charges against Verma on the material before it.
2. The CVC had given a hearing to Verma before recording its prima facie findings
3. In view of these serious prima facie findings of guilt, and after perusing the material on which they were based, Justice Sikri was of the opinion that until the matter was fully investigated and a final decision given about the guilt or innocence of Verma he should not remain on the post of Director, CBI but should be shifted to another post equivalent in rank
4. Verma's service has not been terminated, as some people believe. He has not even been suspended, but only transferred retaining his salary and perks.
5. As regards the question of not giving a hearing to Verma, it is a settled principle that even suspension can be done without giving the accused a hearing, and suspensions pending enquiry are very common. It is only dismissal which cannot be done without a hearing.
6. Verma has not even been suspended, far less dismissed. He has only been transferred to an equivalent post
5. Kharge's dissent
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According to Congress leader Mallikarjun Kharge, who was the dissenting voice in the three member committee also comprising Prime Minister Narendra Modi and Justice A K Sikri, there were 10 allegations. Six were false, four needed further investigations, and four had circumstantial evidence and were "unflattering" to Verma, he said in his note to the committee.
Asthana was booked by the CBI on October 15, 2018 on the basis of a magisterial statement recorded by a businessman Sathish Babu Sana who had claimed that two businessmen brothers had sought bribe of Rs 5 crore from him to get relief to him in a CBI case against him using their contacts with the special director.
6. What Verma had said
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Verma said it was "sad" that he was transferred to another post pursuant to the orders of the committee on the basis of "false, unsubstantiated and frivolous allegations made by only one person, who was inimical to him". In the statement, he said the committee was assigned the task of deciding his future course of action as the CBI director.
Special Director Rakesh Asthana, with whom Verma had a public feud, had given a complaint against him to the cabinet secretary in August which was referred to the Central Vigilance Commission. The report given by the commission carried most of the allegations which led to the ouster of Verma.
