1993 (10) TMI 367 - SC - Indian Laws

Summary

Issues Involved:
The issue involves expunging remarks made by the High Court against a judicial officer for granting bail to accused in criminal cases.

Judgment Details:

Issue 1: Bail Orders by the Petitioner
The accused were charged with various offenses under the Indian Penal Code, and their bail applications were initially rejected by the petitioner, an Additional Sessions Judge. Despite the rejection, the petitioner granted temporary and then permanent bail to the accused, leading to a challenge in the High Court for cancellation of bail.

Issue 2: High Court Observations and Decision
The High Court, upon review, found no justification for the bail granted by the petitioner and proceeded to cancel the bail of all accused. In the process, the High Court made critical remarks suggesting the judicial officer's potential bias and susceptibility to corrupt influence by the accused.

Issue 3: Justification for Bail Cancellation
The Supreme Court acknowledged the High Court's decision to cancel the bail, emphasizing that there was no merit in granting bail to the accused based on the facts and circumstances of the case.

Issue 4: Judicial Precaution and Propriety
While upholding the bail cancellation, the Supreme Court reminded the High Court judge to maintain judicial propriety and caution even when correcting lower court orders. The judgment highlighted the fallibility of judges at all levels and the need for appellate mechanisms to rectify errors without attributing improper motives.

Issue 5: Expunging of Remarks
Ultimately, the Supreme Court accepted the petition by the judicial officer and expunged the critical remarks made by the High Court judge in the judgment. The Court stressed the importance of maintaining judicial discipline and respect within the judiciary, cautioning against publicly criticizing subordinate judges as it could undermine public confidence in the judicial system.