SC expunges Gauhati High Court remarks against judge in NIA case decided by him

The court also clarified that “dehors the said observations which are expunged, the order/ judgment would remain in force, to be considered on its merits, if it arises subsequently in any other case.”

The petition, filed through advocate Somiran Sharma, contended that “the observations/ remarks were not necessary for deciding the appeal and rendering the impugned judgment and therefore ought to have been avoided”. “The remarks have deeply hurt the petitioner’s reputation before his colleagues, lawyers and litigants and is disturbing his peace of mind besides affecting him in discharging his judicial duties with calm and confidence. The remarks can also adversely affect the petitioner’s career in future,” said the plea.

The plea pointed out the SC had in a 2001 ruling said, “The existence of power in higher echelons of judiciary to make observations even extending to criticism incorporated in judicial orders cannot be denied, however, the High Courts have to remember that criticisms and observations touching a subordinate judicial officer incorporated in judicial pronouncements have their own mischievous infirmities. Firstly, the judicial officer is condemned unheard, which is violative of principles of natural justice… Secondly, the harm caused by such criticism or observation may be incapable of being undone. Thirdly, human nature being what it is, such criticism of a judicial officer… gives the litigating party a sense of victory not only over his opponent but also over the Judge who had decided the case against him. This is subversive of judicial authority of the deciding Judge. Fourthly, seeking expunging of the observations by a judicial officer by filing an appeal or petition of his own reduces him to the status of a litigant arrayed as a party before the HC or SC — a situation not very happy from the point of view of the functioning of the judicial system… The possibility of a single or casual aberration of an otherwise honest, upright and righteous Judge being caught unawares in the net of adverse observations cannot be ruled out”.