States » SouthPosted at: Oct 6 2026 4:52PM


Justice Dixit questions propriety of sitting SC judge’s remarks on SIR case

Bengaluru, Oct 6 (UNI) Retired Karnataka High Court Judge Krishna S Dixit has raised serious questions over the propriety of a sitting Supreme Court judge publicly commenting on the merits of the politically sensitive Special Intensive Revision (SIR) case pending before the apex court, invoking centuries-old judicial principles on restraint in sub-judice matters.
Justice Dixit said a pending case should not be discussed in a manner that could influence its merits or the eventual judgment, stressing that the issue was one of judicial discipline and institutional credibility rather than an individual's conduct.
Referring to the 1742 House of Lords judgment in Roch vs Garvan, he said the principle that the merits of pending proceedings should not be publicly commented upon had been recognised for centuries.
He also cited the 1821 House of Lords case King vs Clement, in which, he said, publishers and editors faced consequences for publishing material concerning a pending proceeding.
Justice Dixit said the same principle found expression in the Bangalore Principles of Judicial Conduct adopted in 2002 following a UN-backed judicial conference attended by representatives of around 80 countries, including India, the US, France, Canada and Japan.
The principles, he said, require judges to refrain from expressing opinions on pending cases as well as matters that could foreseeably come before them.
"The SIR case is before a larger bench of the Supreme Court. It is not a matter that has ended; it is an ongoing proceeding. In such a matter, a sitting judge commenting on its merits is not proper," Justice Dixit said.
He underlined that the concern went beyond the individual judge and directly involved public confidence in the judiciary.
"The strength of a judgment lies in its acceptance by a civilised society. That acceptance requires people to have a plain and open mind. If we contaminate that mental plane, the decision that ultimately comes from the Supreme Court can be affected in its public acceptance," he said.
Justice Dixit also referred to the SIR litigation before various High Courts, including Bombay, Calcutta and Kerala, to underline the extensive constitutional and legal ramifications of the issue.
He said similar concerns over judicial comments on pending proceedings had arisen in other jurisdictions, including the United States, referring to the US vs Microsoft proceedings.
Making it clear that his observations were not personal, Justice Dixit said he was speaking on the issue of judicial conduct and the established principles governing judges.
The remarks assume significance amid an intensifying political and legal battle over the SIR exercise, with the Supreme Court currently examining challenges concerning the revision of electoral rolls.
UNI BDN
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