Justice D.V. Shylendra Kumar’s outspoken nature is not new for most of us. However, in recent days his pronouncements have once again assumed prominence. Delivering a lecture on ‘The Need for Judicial Accountability’ at the the SDM law College, Mangalore in April, Justice Kumar had referred to Arundhati Roy’s conviction for contempt of the Supreme Court in the Narmada Bachao Andolan matters as “..the darkest day in the history of Indian Judiciary”. Justice Kumar published a transcript of the talk on his blog a few days ago.

“I, as a Judge, through this expression, offer my personal regret and apology to Ms. Arundhati Roy for the judicial tyranny let loose on her by the most improper use of the power to punish a person for committing contempt of court,” he added, clearly criticizing the Supreme Court’s action.

The question that remains is whether Justice Kumar will be hauled up by the Supreme Court for contempt. Justice Kumar has spared no effort in ensuring that his sharply critical voice is heard and noted by both the public and the judiciary. Whilst many, including former Chief Justice of India K.G. Balakrishnan, may consider his statements mere publicity stunts, there are an equal number that consider him to be the conscience of the judiciary.  

Speaking to Bar & Bench on condition of anonymity, a senior litigation partner of a prominent firm said, “Once the Supreme Court has passed a final order, it is not open for any judge or anybody to comment on the appropriateness, unless it is in academic pursuit. The aggrieved had recourse in law to file a review petition or a curative petition.”

it is pertinent to note that there has never been a judge of the higher judiciary who has been tried for contempt. Justice Kumar’s speech can be accessed here.