Judgment :- Petitioner is an Advocate practicing in the Courts at Kottarakkara. He was engaged by the plaintiffs in O.S.153/87 and also 362/87 on the file of Munsiff's Court, Kottarakkara. Both these suits were jointly tried and disposed of by a common judgment dated 13-1-1993. In para.27 of the judgment, while rejecting the contentions raised by the plaintiffs' counsel the Munsiff observed: "The argument appears to be idiotic in as much as no male could be expected to make such a provision. Masculine psychology would never postulate such a benevolence. Psychology of illiterate and poor Sankaran was also not different". The petitioner has filed this original petition under Art.227 of the Constitution to enpunge the remarks made by the Munsiff to the effect that the argument appears to be 'idiotic'. 2. When the original petition came up for admission I directed the office to get explanation of Munsiff and he has offered an explanation justifying his stand. The relevant portion of the explanation is to the following effect: "There is no reason for the petitioner to feel aggrieved of by the sentences used in the judgment. The expression "idiotic' was used in the judgment only to mean "irrational'. It has no other significance at all in that context. The word "idiotic' was never meant to defame, insult or annoy the petitioner in any way. What was intended while using the expression "idiotic' was to reject an argument which appeared to me as unwise or unintelligible or irrational". 3.1 heard the petitioner's counsel. It is argued by the petitioner's counsel that the learned Munsiff used intemperate language in the judgment and thus committed serious irregularity and therefore the observation of the passage is liable to be expunged. The attitude of the learned Munsiff seems to be that the expression was intended only to mean irrational and it was not used out of context. The meaning of the word 'idiot' has been given in the Concise Oxford English Dictionary as a person so deficient in mind so as to be permanently incapable of rational conduct, stupid person or utter fool. In common parlance also the word idiot is used for referring to a person who suffered from severe feeble mindedness or a block-head. It is clear that the Munsiff has used intemperate language in writing the judgment and has even tried to justify the same.
In common parlance also the word idiot is used for referring to a person who suffered from severe feeble mindedness or a block-head. It is clear that the Munsiff has used intemperate language in writing the judgment and has even tried to justify the same. The language to be used in a judgment is an important matter. While writing judgment care shall be taken not to use any harsh expression which may have some adverse consequence, or hurt the feelings of others. Especially when commenting on the arguments of the counsel the judge should avoid unnecessary expression and sarcastic remarks. While Judges ought to be insistent upon the dignity of their office and upon a deferential courtesy in speech and manner, and should properly enforce it, they should not expect from the Bar conduct tantamount to servility; neither should they themselves be haughty and overbearing in manner, nor impatient and inconsiderate in their conduct, nor rude and unapproachable in their relations with the Bar. The Munsiff forgot to observe these basic tenets of professional courtesy and Court management. The Munsiff, while using the word idiot, has failed to use correct or proper expression. He used the word 'idiot' without minding or knowing the sense and import of that word. It is one of the important principles that while writing judgment the judge should express his opinion in temperate language, usually associated with and reflecting the impersonal dignity of judicial restraint. The objectionable word "idiotic" contained in para.27 of the judgment is liable to be expunged. As the Munsiff intended to mean irrational, the word"' idiotic' be substituted by the word 'irrational'. With the above observation the original petition is disposed of. Copy of this judgment shall be sent to the Munsiff in his present official address. The office will bring the judgment to the notice of the Honourable Judge who is in charge of the administration of the District where the officer now works.