Supreme Court Warns Against Criticizing Judicial Officers
The Supreme Court cautions high courts on publicly criticizing subordinate judges, emphasizing their role as guardians of district judiciary officers. A recent case involved the Calcutta High Court overturning a bail order. The Supreme Court highlighted the potential career damage and demoralization caused by disparaging remarks.
- Country:
- India
The Supreme Court has issued a warning to high courts, advising against the trend of public criticism of subordinate judicial officers. This advisory stemmed from a ruling overturning a Calcutta High Court decision, which had canceled an accused's bail in a tenancy-related matter.
Justices Vikram Nath and Sandeep Mehta emphasized the Supreme Court's perspective that high courts should protect and act as guardians of district judiciary officers. Highlighting the largely civil nature of the case, the top court condemned the high court's decision to reverse a bail order from nearly eight years prior on technical grounds.
The Supreme Court pointed out that disparaging comments can severely impact a judicial officer's career and overall district judiciary morale. It stressed using Article 227 of the Constitution to guide, not oppress, judicial officers, and noted that some high courts have internal mechanisms to address judicial order flaws constructively.
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