2010 (12) TMI 354 - SC - Indian Laws

Supreme court order Review - application praying for expunging certain remarks - alleged application that the observations made in order seriously damage the reputation of the institution and sully its image - reputation of an institution damaged and its image sullied when some of its members pass shocking orders and behave in a totally unacceptable manner Time for introspection and not mere reaction.

Summary

Issues:
1. Application for expunging certain remarks made in a judgment.
2. Allegations of damaging the reputation of the Allahabad High Court.
3. Clarification on the remarks made in the judgment.
4. Request for introspection by the Judges of the High Court.

Analysis:
1. The judgment addresses an application seeking the expunging of certain remarks made in a previous judgment dated 26-11-2010. The application specifically mentions that the remarks made in the judgment were perceived as damaging the reputation of the institution. The Supreme Court clarifies that the remarks did not imply that all Judges of the Allahabad High Court are corrupt, but rather referred to complaints against "certain Judges." The Court acknowledges the historical significance and integrity of the Allahabad High Court, highlighting the importance of what occurs within the High Court and its impact on the judiciary as a whole.

2. The Supreme Court emphasizes that the reputation of an institution is tarnished not by observations but by the actions of its members, such as passing shocking orders or behaving in an unacceptable manner. The Court urges for introspection by the Judges of the Allahabad High Court, indicating that a mere reaction may not be sufficient in certain circumstances. The judgment underscores that there are many excellent Judges in the Allahabad High Court who diligently perform their duties, and the Court did not intend to generalize or tarnish the reputation of all Judges based on the remarks made in the previous judgment.

3. The judgment clarifies that the remarks made in the previous order were not sweeping observations against the entire High Court. A distinction was drawn between those who uphold their reputation and those who take advantage of their relationships within the judiciary. The Court acknowledges the contributions of numerous upright Judges in the Allahabad High Court who maintain the integrity and honor of the institution. The judgment concludes by disposing of the application with the aforementioned observations, reiterating the presence of many excellent Judges in the Allahabad High Court and emphasizing the need for a balanced perspective on the matter.

4. In conclusion, the Supreme Court's judgment provides a detailed analysis of the issues raised in the application seeking the expunging of remarks made in a previous judgment. It clarifies the intent behind the remarks, emphasizes the importance of individual actions in shaping an institution's reputation, and calls for introspection by the concerned Judges. The judgment aims to uphold the integrity of the judiciary while recognizing the dedicated efforts of the Judges who uphold the highest standards of honesty and diligence in their duties.