New Delhi [India], September 12 : Senior Advocate and Supreme Court Bar Association President Kapil Sibal criticised the publicisation of a private event held at the residence of the Chief Justice and attended by the Prime Minister Narendra Modi.
PM Modi attended the Ganesh Puja ceremony at CJI DY Chandrachud's residence on Wednesday, inviting criticism from the opposition.
Addressing a press conference in Delhi on Thursday in this regard, Kapil Sibal said, "I have been in the Supreme Court and this institution for over 50 years. I have seen the greatest of judges both past and present. And we are passionate about the institution. Not passionate about any individual, but about the institution. I have great respect for the President, Chief Justice. I can say without any hesitation that he is a man of great personal integrity. But I was really surprised when I saw this clip that was going viral. And I have some issues on principle."
He suggested that the Chief Justice might not have been aware that the event would be made public.
"No public functionary, whoever it may be, especially those who hold the highest office in the country. The President of India, the Prime Minister of India, the Chief Justice of India, and whoever should not publicise a private event. I'm sure that maybe the Chief Justice may not have known that this was being publicised," he added.
Sibal highlighted concerns that the public sharing of the event could send the wrong message and fuel unnecessary speculation.
"The Prime Minister of India should never have shown his interest in going to such a private event because the Prime Minister and those who must have, those he must have consulted, should and must have told him that this may send a wrong signal," Sibal said.
He stressed that the issue is not individual, but what impact such a clip has on the minds of people.
"And if there is gossip around it, then it is not fair to the institution. You should not lend yourself to a situation, to be in a situation where people can gossip about the institution and start speculating," he added.
Sibal also emphasised the importance of keeping the privacy of such events, stressing the "unnecessary and harmful" debates regarding the institution ignited through it.
"My religion and my way of expressing myself in the context of my beliefs is a private matter. It's not a public matter. Therefore, there should be no videography, or photographs, which then should be allowed to be made public. That's just not on, especially in the context of people holding the highest positions in the country. What happens is that it sort of ignites a debate that is unnecessary and harmful to the institution," he said.
"There may be nothing behind it. There'll be no motivation behind it. But there is speculation because of this, which is not good for the institution," he added.
He also raised concerns about the implications such events have for the judiciary at all levels.
"Lastly, the court is deciding day in and day out issues relating to executives' actions. The highest court of the country. And if this kind of viral clip is circulated then it may have implications which are not fair to the individuals concerned and yet institutionally they do harm. And the last point I wish to say is that once you do this, what message does it send to those in the high courts in India and to the judiciary functioning at various levels in the country? They also look upon these things and therefore that sends a signal, that sends a signal which is also unfortunate," he said.
Sibal also urged the Prime Minister "not to make spectacle" of such events.
"So my view is that it should have, it should best have been avoided. At the same time, I request the media individuals there, not to blow it out of proportion, not to start speculating personal motives. And I request the Prime Minister of India not to make a spectacle of these events because there have been Maharashtrian chief justices in the past. It's not the first time that there's a Chief Justice from Maharashtra," he said.
"And in the context that there is going to be an election in Maharashtra, this is not an opportune time for the Prime Minister to have made a public spectacle of a private ceremony," he added.
Sibal also clarified that his comments were made in his personal capacity and not as the president of the Bar Association of India.
"I just want to clarify something. First of all, I am here not as the president of the Bar Association of India. In fact, I have not discussed it with any member of the Bar. I decided because my conscience told me that I must make a statement in my individual capacity. I have not discussed it with my executive committee, I have not discussed it with any member of the Bar," he said.