LawforAll

Showing posts with label severe strictures. Show all posts
Showing posts with label severe strictures. Show all posts
Sunday, February 17, 2013

severe strictures It is settled legal position that no adverse remark can be made against any judicial officer without giving an opportunity to explain the conduct.- “This conduct of the Chief Judicial Magistrate is deplorable and wholly mala fide and illegal.” “Vexatiously illegal.” “… and has done unpardonable injustice to the injured and the informant. His lack of sensitivity and utter callous attitude has left the accused of murderous assault to go scot-free to this day”. Our legal system acknowledges the fallibility of the Judges, hence it provides appeals and revisions. lower judicial officers mostly work under a charged atmosphere and are constantly under psychological pressure and they do not have the facilities which are available in the higher courts, we are of the view that the remarks/observations and strictures are to be avoided particularly if the officer has no occasion to put-forth his reasonings. We, once again, reiterate that harsh or disparaging remarks are not to be made against judicial officers and authorities whose conduct comes into consideration before courts of law unless it is really for the decision of the case as an integral part thereof. Under these circumstances, the adverse remarks passed in the impugned judgment and the final orders dated 01.03.2012 and 23.04.2012 insofar as the appellant is concerned are set aside. Since these appeals are confined only for expunging the strictures, the same are allowed as pointed above. No costs.

Page 1                                 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1340-13...