Should CJI Expunge Remarks Against Allahabad HC Judge?
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New Delhi, Feb 19 (NationPress) The Oudh Bar Association (Allahabad High Court, Lucknow bench) has reached out to Chief Justice of India (CJI) Surya Kant, voicing apprehension over frequent negative remarks directed at judges of the Allahabad High Court. They have requested the removal of certain statements made in a recent ruling.
In a letter to the CJI, the bar association emphasized that the Supreme Court, while exercising its appellate authority, should refrain from making stigmatizing comments about High Court judges, as it can have a chilling effect on their performance and morale.
This correspondence arises in light of a recent Supreme Court ruling that overturned a bail order issued by the Allahabad High Court in a dowry death case, labeling the decision as one of the most shocking and disappointing encountered by the apex court in recent times.
The Supreme Court expressed its inability to comprehend the factors that influenced the Allahabad High Court's decision to grant bail in such a serious matter, describing the bail order as a travesty of justice.
The letter pointed out that while incorrect judgments can be rectified through appeal, remarks that undermine the dignity and competence of judges can have a demoralizing effect.
"It has been stated clearly that while erroneous judgments can be critiqued, judges should not be targeted. However, there are instances of overreach by our Apex Court in questioning a judge's capability, which can significantly affect their judicial mindset," the letter highlighted.
Furthermore, the bar association noted that the Allahabad High Court is operating with fewer judges than its sanctioned strength, resulting in an overwhelming workload, which only exacerbates the situation.
"Consequently, any adverse comments regarding their judicial judgment are bound to demoralize, as witnessed by a judge in Lucknow who unfortunately faced the repercussions of the Supreme Court's remarks in its appellate jurisdiction," the letter elaborated.
Describing the Bar as the mother of the Bench, the association asserted that it is uniquely positioned to evaluate judges' performance, and any negative remarks on the judicial front impact not just the concerned judge but the entire Bar.
"Therefore, we respectfully request your Lordship to advise all judges to refrain from making negative comments about High Court judges in Uttar Pradesh during appellate proceedings," it concluded.
The bar association further urged CJI Kant to review and nullify the adverse remarks made in the Supreme Court's judgment to preserve the morale and operational capacity of judges at the High Court of Uttar Pradesh, ensuring a transparent, fearless, and independent judicial system in the pursuit of justice.