Judgments should speak for themselves; when judges justify them in public, they run the risk of sounding like politicians.

Justice Felix Frankfurter, one of America’s most eloquent Supreme Court judges, speaking at an American Law Institute function in 1948, aptly described the infirmity of being unable to speak about one’s judgments publicly, an attendant facet of being a Supreme Court judge, as “judicial lockjaw.” for watchers of the Indian higher judiciary, which has adhered to this principle since its inception, the last fortnight has brought forth a surprising development in this regard. Justice Asok Kumar Ganguly, an erudite judge of the Supreme Court of India, who retired recently, has, since leaving office, actively engaged with the media, first in print and then electronically. While a retired judge writing and speaking extra-judicially per se on matters of public importance is a fairly common and welcome phenomenon, his participation in a feisty debate in a leading newspaper on the merits of one of his own judgments, and then agreeing to take part in a television interview whose questions focused solely on two of his controversial judgments, is uncommon. As well as raising questions of individual propriety, it contains possible portents of the slowly changing nature of the Indian higher judiciary.

Justice Ganguly’s rejoinder

Three days after his retirement, Justice Ganguly issued a startling written rejoinder to the criticism by former Lok Sabha Speaker Somnath Chatterjee of the 2G judgment, which he had handed down a few days previously. Not only did he defend his judgment, first by assuring mr. Chatterjee that “the judgment was not delivered either out of temptation or out of any desire to appropriate executive powers” but also positively asserted that “[t]he judgment was rendered in clear discharge of duty by the Court” (The Telegraph, 6 February, 2012). His statements, especially to the extent they clarify and defend his judgment, raise deep questions regarding the proper role of judges in post-retirement public life. This is especially so in Justice Ganguly’s case, as it was followed up with an interview to a private television channel where, despite steadfastly refusing to comment on the merits of the 2G judgment or the judgment relating to sanctions for prosecution per se, his statements on the subject had the effect of giving the interviewer and the viewing public sufficient sound bytes on how the judgments ought to be interpreted. To cite a single instance — in response to a question as to whether the timeline set by the Court for the government to consider sanction requests against public servants should apply to the Chief Justice of India when permission is sought for a FIR to be filed against a judge, though he refused to give a direct answer, he suggested that the recommendations made in the judgment “should apply across the board.” To any reasonable viewer, this statement would certainly come across as a clarification on what the recommendations made in the judgment ought to mean.

It is not the legality of Justice Ganguly’s engagement with the media that is in issue here. like any other citizen, he has a right to speak, and is free to exercise that right in whichever manner he desires, provided it is within the bounds of constitutional permissibility. but when a retired judge speaks, not in his capacity as an ordinary citizen but wearing the hat of a judge who was party to a particular judgment, as Justice Ganguly obviously did, the primary question is one of propriety. that the judge, after rendering judgment, becomes functus officio and the judgment of the Court speaks through itself, is a long established principle in the Indian judicial system. The rationale for the principle is salutary: that the decision of the Court when it is cited as a precedent in subsequent cases as a binding principle of law, ought to be interpreted on its own terms and not on the basis of any extra-judicial clarifications that may be issued subsequently. of course, any academic discussion and criticism following the judgment may be relevant, but never involving the judge concerned himself, as that may have an unwarranted overriding influence on future interpretations of the decision. at the same time, the principle does not prohibit judges from writing their memoirs, which are often filled with delightful accounts of the unseen dynamics of a judicial decision, or commenting on the consequences of a case after a period of time or on a matter of significant national importance. However, coming so close on the heels of the judgments being delivered, Justice Ganguly’s statements in the media can neither count as an academic commentary nor be justified by a passage of time having elapsed. Propriety thus demanded that he thought better than articulating his views publicly in this manner.

Judge’s role in public

Equally importantly, Justice Ganguly’s actions point to a larger question as to what the role of a judge should be in public life. unlike politicians or film stars who are public figures by virtue of their closeness to the people, judges are public figures precisely because they manage to keep their distance from the people. it is this detachment which allows judges to be immune from the passions of popular sentiment and political machinations, thereby facilitating the independence of the judiciary as an institution. Any engagement with the media by a judge in a judicial capacity, whether while holding office or post-retirement, fundamentally erodes the extent of this institutional detachment. Especially if the engagement primarily focuses on decisions given by judges, it runs the risk of turning judges into quasi-politicians, clarifying and justifying their judgments by direct appeals to the public, rather than simply allowing the reasons contained in the judgment to perform this justificatory function.

Comparative analysis

Indeed a comparative analysis across countries shows the links which can be drawn between extra-judicial utterances and the political savvy of judges. in England, where courts are largely apolitical, extra-judicial utterances are rare. Judges, except the Law Lords, were for a long period, conventionally governed by the Kilmuir Principles, key amongst which is the view that “[s]o long as a Judge keeps silent his reputation for wisdom and impartiality remains unassailable.” Though the Principles themselves are no longer strictly applicable, the tradition of extra-judicial silence continues. On the contrary, across the Atlantic, in the United States of America, whose Supreme Court is an overtly political institution, notwithstanding Justice Frankfurter’s wise advocacy of restraint, judges have a long history of writing and speaking extra-judicially on their own judgments and on the Court itself — Justice Stewart wrote a letter to the Editor of the Wall Street Journal defending his majority opinion in a racial discrimination case; Justice Goldberg publicly defended the Court and its stance on judicial review and states’ rights in the New York Times; in fact even Chief Justice Marshall, back in the 19th Century, defended his landmark judgment, authoritatively laying down the nature of American federalism in McCulloch v. Maryland, albeit writing under a cleverly disguised pseudonym in the Philadelphia Union.

Sign of transformation

As this comparative experience demonstrates, the judicial propensity to engage directly with the public is clearly a symptom of a Court whose judges are keenly conscious of the immense political significance their decisions have. in this backdrop, Justice Ganguly’s comments, unwarranted as they may have been, perhaps provide an early sign of the subtle transformation of the Supreme Court of India into an overtly political institution, owning up and reacting to the immense political ramifications of its actions. Equally, they raise deep questions regarding the interaction between judges and the media, arguably two of the most powerful pillars in Indian democracy today. This is a complex, multi-dimensional issue that cannot be dealt with here. However it would suffice to say that the obtuse language used by judicial decisions, their unclear consequences and the difficulties faced by sections of the media in understanding the subtleties of legalese, all suggest that like several courts worldwide such as the Supreme Court of the United Kingdom and the European Court of Human Rights, the Indian Supreme Court too should issue official media summaries of important decisions. Not only will this facilitate wide comprehensibility of key judgments, but it will also ensure that judicial decisions are not wantonly misinterpreted. Most importantly, it will mean that judges, whether in office or speaking in their judicial capacity immediately post-retirement, will have an additional reason to remain lockjawed, allowing their judgment together with its officially authorised summary to do the talking.

(Arghya Sengupta is a Stipendiary Lecturer in Administrative Law at the University of Oxford and founder of the think tank The Pre-Legislative Briefing Service.)

I've got a wound through a dirty/rusty metal last year. after the healing, it turned black and keloid also appeared. I didn't able to see a doctor 'cause I thought it was just normal since I'm just 16 y/o. I didn't felt any symptoms at the first month, but after some few months, I've experienced the lockjaw and some others. But now, I didn't feel any symptoms anymore. I'm just kinda worried if I do have a tetanus. THANKS.

Tetanus occurs fairly soon after the wound is created. It has to do with the bacteria Clostridium Tetani creating a toxin that causes the symptoms of Tetany which is persistent muscle contractions all over and not necessarily in the jaw. IF you were to have gotten Tetanus, it would have occurred much sooner then now.

so i have been sick for about a month and have been to doctors and they cant figure out what is wrong with me. so maybe someone up here can help. Iam 19 years old, and have never really had any heath problems!

symptoms:
loss of appetite
weak
knees giving out
pain in stomach (one doctor diagnosed me with a stomach ulcer and ovarian cyst)
zoning out
lockjaw that hurts all the way into my ear.
not being able to sleep

i will be good for a few days and then feel like crap, its a tease! the doctors have run test but cant find anything wrong with me. one doctor told me it was all in my head, and i am so frustrated that im starting to think the same thing! please if anyone can help me that would be great!!

maybee you need sex?

i used to feel kinda that way but i also was throwing up all the food i eat,each and every day! i didnt go to any doctors and i kept doing so for like 2 years, i wasnt bulimic neither anorexic. i just ddint know what i had and i had all those symptoms.

about the jawlock ,try going to the denstist to see if you have something cuz my mum had a bad tooth and it didnt hurt her, it just made her weak and also she had terrible jaw pain. she finally went to the dentist and everything cleared up.

keep getting different opinions from doctors.

hope you'll get better

Stress and depression can cause all but the lockjaw. even that could be worsened by it.

hello, i am a girl in hs and for about 2-3 years now, i have had symptoms associated with tmj. my mouth doesn't open fully, it only opens about 3-4 inches. my jaws would hurt if i chew a lot of hard/taffy like stuff. and sometimes i get lockjaws typically in the morning.
recently though, (about 6months ago) i've noticed my upper jaw has been shifting to the front, not allowing my upper teeth to meet my bottom. it is shifting everyday, now my upper set of teeth or jaw wont meet with my bottom set of teeth. it has a big big gap which if i close my mouth, i can squeeze out my tongue through the gap about 1cm-2cm or so. (so gross/scary) this has caused me to develope a nasty lisp, which i didnt realize at first, my peers told me about it.
I NEVER had a lisp and my upper set or teeth and bottom set ALWAYS matched. i dont know whats happeneing, what can i do in this situation? and my jaw is moving around everyday, relocating it self on my face! my face shape even changed a bit!
ive talked to my dentist about it, but they assigned me to a specialist and i wont see him for another 4-5 months.
and would they give me braces? or surgery? because its pretty serious tmj. AHHH

please, help me out i am so scared.
thanks alot

in case you haven't been told TMJ is a form of arthritis. it can affect any part of your body. it is known as the great deceiver. while you wait for the specialist go to walmart, in the pharmacy dept and get the apparatus that will help you to quit grinding your teeth at night. Stay away from hard foods. it may help to put heat on the side of your jaw (helps mine) try to avoid stress. Look up TMJ on the internet to learn more about it. TMJ stands for Temporal Mandibular Joint. and it is a pain.
Don't be afraid. Evey thing will be ok.

Date: Wednesday May. 25, 2011 12:42 PM ET

Such common summertime activities as gardening, deck building and other outdoor renovations can put Canadians at risk for tetanus, infectious disease experts said in a reminder announcement this week.

Because the toxin that causes tetanus is found in all kinds of soil, the Canadian Coalition for Immunization Awareness and Promotion is advising that all Canadians should make sure they are up to date with their tetanus vaccinations.

Most Canadians have had at least one vaccination against tetanus, but many don’t realize that need a booster vaccine every 10 years.

Adults over age 60 are at increased risk of tetanus infection, since many were never immunized when they were younger or may have forgotten to get their booster shot, says Dr. Susan Bowles, vice-chair of the organization.

While many Canadians think of rusty nails when they think of tetanus, the bacteria that causes the infection — Clostridium tetani — is found in all kinds of soil, dirt and dust.

The bacteria usually enter through a cut or scrape and then bring on symptoms such as “lockjaw” (stiffness of the jaw), muscle spasms and sometimes breathing problems. It’s a serious disease that can lead to paralysis and even death.

Without treatment, one out of four infected people will die, says the U.S. National Institutes of Health.

Coalition chair Dr. Bonnie Henry says spring is a great time for Canadians to check their immunization records and to visit their family doctor or public health office about getting a tetanus booster.

“The tetanus booster is safe, effective and free for all Canadians, so there is no reason why anyone should be unprotected,” she said in a release.

Other steps to help avoid tetanus infection:

• Wear protective gloves, clothing and footwear while renovating and gardening.
• Be mindful when using tools that can cause injury to skin.
• If injured, immediately clean wounds thoroughly with warm water and soap

I have had almost every symptom imaginable in all of my pregnancies, except hemrrhoids (spelling), now I don't know whats going on but I feel like I have lockjaw! Is that common in pregnancy or is it totally unrelated?

lockjaw is tetnus. And that can harm or worse you and/or your unborn child

Tetanus is caused by the bacterium Clostridium tetani, the spores of which are widespread in the environment. The disease is caused by the action of a neurotoxin, produced by the bacteria when they grow in the absence of oxygen, e.g. in dirty wounds or in the umbilical cord if it is cut with a non-sterile instrument.

Tetanus is characterized by muscle spasms, initially in the jaw muscles. as the disease progresses, mild stimuli may trigger generalized tetanic seizure-like activity, which contributes to serious complications and eventually death unless supportive treatment is given.

Tetanus can be prevented by the administration of tetanus toxoid, which induces specific antitoxins. To prevent maternal and neonatal tetanus, tetanus toxoid needs to be given to the mother before or during pregnancy, and clean delivery and cord care needs to be ensured.

it is not related and you should see your dr. to make sure that is not what it is. have you had a tetanis shot in the past ten years? you can get it just from walking out side barefoot. any wound contaminated with soil, feces, dirt or manure can become contaminated with tetanus. Anyone who is inadequately vaccinated against tetanus is at risk. Tetanus occurs throughout the world. you don't have to step on somthing rusty like it is commonly said. here are some of the symptoms to look for.
– Headache
– Stiffness of the jaw (lockjaw)
– Severe muscle spasms
– Sweating
– Fever
– Stiffness of abdominal muscles
– Difficulty swallowing
• Lockjaw is one of the most dangerous symptoms because it can lead to death by suffocation1
• Symptoms usually begin about 8 days after infection, but may range in onset from 3 days to 3 weeks1
being pregnant doen't increase or decrease your chances of getting it.

With pregnacy you don't want to take the chance. The slightest change in your health will change the health in your baby as well. Finding out your answer is as simple as going in to see your doctor and getting some blood drawn. I don't think you should take the risk or not finding out for sure what is causing the problem.

I've never heard of symptoms like that in pregnacy. I have heard of Bell's Palsy..it kinda makes your face paralyzed…and happens a lot in pregnacy. Lock Jaw..? Tetanus shot? LOL. Wow. 5th pregnacy. I'm impressed! good luck!

I have been prengnant 6 times and never had that a symptom, so my guess is it is unrelated. But make sure you tell your doctor about it!

Never heard
read below site

wow…..you'd think after you have already been through 4 other pregnancies that you would realize that an unusual symptom should be reported to your doctor right away. Duh.

totally unrelated, i just don't know , i have 5 kids and i never had that

I've never heard of Lockjaw being a symptom of pregnancy…

No, that is not part of preg. Call your OB immediately.

There are these things now, there called condoms you might want to look into it!

You should check with your doctor.

never heard of that being a symptom.

YEAH CHECK WITH THE DOC DEAR

I've never heard of hemorrhoids being a symptom of pregnancy; so it wouldn't hurt to ask a doctors opinion…good luck…

you had sex when you were 10??????????that is young

Updated: Wed May. 25 2011 10:42:43 CTV.ca News Staff

Such common summertime activities as gardening, deck building and other outdoor renovations can put Canadians at risk for tetanus, infectious disease experts said in a reminder announcement this week.

Because the toxin that causes tetanus is found in all kinds of soil, the Canadian Coalition for Immunization Awareness and Promotion is advising that all Canadians should make sure they are up to date with their tetanus vaccinations.

Most Canadians have had at least one vaccination against tetanus, but many don’t realize that need a booster vaccine every 10 years.

Adults over age 60 are at increased risk of tetanus infection, since many were never immunized when they were younger or may have forgotten to get their booster shot, says Dr. Susan Bowles, vice-chair of the organization.

While many Canadians think of rusty nails when they think of tetanus, the bacteria that causes the infection — Clostridium tetani — is found in all kinds of soil, dirt and dust.

The bacteria usually enter through a cut or scrape and then bring on symptoms such as “lockjaw” (stiffness of the jaw), muscle spasms and sometimes breathing problems. It’s a serious disease that can lead to paralysis and even death.

Without treatment, one out of four infected people will die, says the U.S. National Institutes of Health.

Coalition chair Dr. Bonnie Henry says spring is a great time for Canadians to check their immunization records and to visit their family doctor or public health office about getting a tetanus booster.

“The tetanus booster is safe, effective and free for all Canadians, so there is no reason why anyone should be unprotected,” she said in a release.

Other steps to help avoid tetanus infection:

• Wear protective gloves, clothing and footwear while renovating and gardening.
• Be mindful when using tools that can cause injury to skin.
• If injured, immediately clean wounds thoroughly with warm water and soap

what are the symptoms of tetanus question by ? guitargirl ?: what are symptoms of tetanus? is getting it through a cut the only way to get tetanus?

what are the symptoms of tetanus best answer:

Answer by MelHi guitargirl,

The other name for tetanus is lockjaw so that really tells you the main symptom.it attacks the skeletal muscles.

It can be through rusty nails going into you, either your hands or by standing on one, and through some types of soil which is why gardeners usually keep up to date with their shots.Also dust and animal excreta.

David Kirby: High Rates of Autism Found in Federal Vaccine Injury Program: Study Says more answers Neededwhat are the symptoms of tetanusMembers of the Elizabeth Birt Center for Autism Law and Advocacy (EBCALA), along with parents and children who received federal vaccine injury compensation, are having a press conference “to unveil an investigation linking vaccine injury to autism.”

Tetanus Signs and Symptoms

This video is uploaded here for medical research purposes only. By nursing-resource.comwhat are the symptoms of tetanus Video Rating: 5 / 5

This video is uploaded here for medical research purposes only. By nursing-resource.comVideo Rating: 5 / 5

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TMJ, in addition known as Temporomandibular Joint Disorder or TMD, describes a dysfunction of the jaw muscles and joints resulting in pain and discomfort of the mouth, jaw, and surrounding muscles and joints. TMJ Symptoms and pain can be mild or substantial depending on the severity of the case. TMJ Diagnosis, Temporomandibular Joint Syndrome Treatment, TMJ Specialists, TMJ Relief Exercises, TMJ Lock Jaw

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I've searched this site on lock jaw but I'm not sure if that is the answer to my symptoms. Basically, I noticed yesterday that when I went to eat something I opened my mouth and the top of my jaw gave a sharp pain as if my jaw got dislocated. I was able to close it again and did so really quick. but now every time I open my mouth wide (like if I yawn) it really hurts at the top of my jaw, almost near my ear. I thought it might be an ear infection at first but the pain is definitely in the top of my jaw or at least the bone in front of my ear. I have a doctors appointment on Friday so hopefully will find out more then but to be honest I can't wait that long so if anyone has any clues I'd love to hear them. I hear lockjaw is something to do with getting a cut. I remember about a couple of months ago I stepped on a nail and it went right through my shoe but it didn't pierce my skin or at least I didn't think it did.
Pls help if you can.

The incubation period is around 8-10 days. It starts out with jaw rigidity, followed by difficulty swallowing, stiffness in the neck, and rigidity of pectoral and calf muscles eventually leading to full body spasms. You also get fever, sweating, elevated blood pressure and heart rate. my mother is a doctor and has been for 35 years and she's never even seen a documented case of tetanus. You could have done something to your jaw but it's not tetanus. Especially if you have been vaccinated in the last ten years.

Try looking under Tetanus (lock jaw)