SC: No to passing adverse remarks against lower judiciary

The Supreme Court has disapproved the passing of adverse remarks/observations and strictures against the judicial officers of the lower judiciary. A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam while expunging adverse remarks made by Delhi High Court against Additional District Judge of Delhi noted, ‘Our legal system acknowledges the fallibility of the judges, hence it provides for appeals and revisions.’ A judge tries to discharge his duties to the best of his capacity, however, sometimes is likely to err. It has to be noted that the lower judicial officer mostly work under a charged atmosphere and are constantly under psychological pressure, the bench said. ‘They do not have the benefits which are available in the higher courts. In those circumstances remarks/observations and strictures are to be avoided particularly, if the officer has no occasion to put forth his reasoning,’ it added. Appellant Parkash Singh Teji had challenged the High Court order dated July 6, 2006 in which High Court had made adverse remarks against the judge due to which in his ACR he was downgraded from B+ to B grade. Mr Teji has eight years of service left and is expecting his elevation to the High Court. Justice Sathasivam, who pronounced the judgment today, further noted, ‘We are satisfied that those observations and directions are not warranted. It is settled law that harsh or disparaging remarks are not be made against persons and authorities whose conduct comes into consideration before courts of law unless it is really necessary for the decision of the case as an integral part thereof. he said. We hold that the adverse remarks made against the appellant was neither justified nor called for. In the interest of justice and fairness, we expunge the offending remarks made against the appellant in para 10 of the impugned order of the High Court of Delhi as these remarks will affect his career as the same were passed without giving him an opportunity to defend himself.’

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