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TMI Blog2004 (4) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Gujarat at Ahmedabad in Crl.A. No. 956/2003 with Crl. Misc. Appln. Nos. 7677/2003 and 9825/2003 are questioned by the appellants. 3. According to them, the High Court has directly and/or at any rate indirectly cast aspersions on their credibility and bonafides in helping certain persons to approach this Court for redressal of their grievances. The case before the Gujarat High Court related to an alleged communal carnage on 27th February, 2002. 4. According to the appellants, being human rights activists, they wanted to find out what is the truth and in the process, though after conclusion of the trial, it was reliably felt by them on the basis of verifications made that truth has been the resultant casualty. They had made detailed st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itizens for Justice and Piece petitioner before the Supreme Court in this case, is situated at Mumbai. Like other affidavits, this affidavit of Sahejadkhan was also sworn before the Notary Public at Mumbai whereas this witness resides at Vadodara. From Para-22 of this affidavit it appears that an attempt is made by the journalist/human rights activists and advocate Teesta Setalvad and Mihir Desai, respectively, of the Citizens for Justice and Piece to have parallel investigating agency, whereas the statutory authority to investigate any case, is Police, CBI or any other agency established under the Statute. We do not know how far it is proper but we can certainly state that it is not permissible under the law. Para 20. "This very witness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le within the State and the Nation, without realizing the pros and cons of it, unnecessarily giving undue importance to such elements, who are misusing poor persons like Zahira and others. X X X Instead of that, there are some persons for their petty benefits, trying to add the fuel to the fire, which is already extinguished, and keep the situation tense. They did not know that great harm they are causing to the State and the Nation. One should not cut the branch on which sits. Nation will suffer if Gujarat is made to suffer. It is most unfortunate that attempt is made to create a false impression not only in the other States but also in the world that the Gujarat is a terrorist State, which is factually wrong. X X X Para 21 - It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons they may entail on such persons. Apart from that, when there is no relevance to the subject matter of adjudication, it is certainly not desirable for the Courts to make any comments or observations reflecting on the bonafides or credibility of any person or their actions. Judicial decorum requires dispassionate approach and the importance of issues involved for consideration is no justification to throw to winds basic judicial norms on mere personal perceptions as saviors of the situation. 8. Learned counsel for the State of Gujarat also cannot successfully substantiate their relevance or necessity for the case on hand and virtually had to concede that the observations really have no proximate or even remote link with the subject matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ures passed by the High Court against one of its subordinate judicial officers stressed the need to adopt utmost judicial restraint against using strong language and imputation of corrupt motives against lower judiciary because the Judge against whom imputations are made had no remedy in law to vindicate his position. In K.P. Tiwari v. State of M.P. 1993CriLJ1377 this Court made the following observations in this context: "The higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. That is one of the functions of the superior courts. Our legal system acknowledges the fallibility of the Judges and hence provides for appeals and revisions. A Judge tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of justice and to the confidence of people in judicial institutions when Judges of higher courts publicly express lack of faith in the Subordinate Judge. It has been said, time and again, that respect for judiciary is not in hands by using intemperate language and by casting aspersions against lower judiciary. It is well to remember that a judicial officer against whom aspersions are made in the judgment could not appear before the higher court to defend his order Judges of higher courts must, therefore, exercise greater judicial restraint and adopt greater care when they are tempted to employ strong terms against the lower judiciary." 14. The said observations, would in our view, apply with equal force to all such parties who were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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