New Delhi, Feb 19 (IANS) The Oudh Bar Association (Allahabad High Court, Lucknow bench) has written to Chief Justice of India (CJI) Surya Kant expressing concern over “repeated adverse remarks” made against judges of the Allahabad High Court and sought expunging of certain observations made in a recent judgment.
In a letter addressed to the CJI, the bar association said that the Supreme Court, while exercising appellate jurisdiction, should avoid making stigmatic remarks against High Court judges as it has a “chilling effect” on their functioning and morale.
The letter comes in the backdrop of a recent Supreme Court judgment which set aside a bail order granted by the Allahabad High Court in a dowry death case, describing the order as “one of the most shocking and disappointing orders” encountered by the apex court in recent times.
The top court had said that it failed to understand what weighed with the Allahabad High Court in exercising discretion in favour of the accused in a serious offence like dowry death and described the bail order as leading to a “travesty of justice”.
The letter said that while erroneous judgments can be corrected in appeal, remarks impacting the dignity and capability of judges may have a demoralising impact.
“It has also been made clear that criticise erroneous judgments but not stressed Judges but despite all such settled views there is sometimes overreach by our Apex Court in passing remarks on the capability of judge under impugned order which has serious jolting psychological effect on his or her judicial mind,” the letter noted.
“The remarks by Supreme Court sitting in appellate or extraordinary jurisdiction on the order judgment passed by judges of High Court if stigmatic has chilling effect on the working capacity of a particular judge whose justice delivery capacity is unquestionably appreciated by the members of the Court Annexed Bar at large,” it said.
Highlighting the heavy pendency, the bar association said the Allahabad High Court, at both Lucknow and Prayagraj benches, is functioning with fewer judges than its sanctioned strength, leading to mounting pressure of work.
“As such when any remark adverse to their capacity of sound judicial approach is bound to demoralise the particular as happened with Judge sitting at Lucknow in bail jurisdiction who unfortunately found himself under chilling effect of the remarks passed by the Apex Court under its appellate jurisdiction,” the letter said.
Describing the Bar as “the mother of the Bench”, the association said it is best placed to assess the performance of judges and that any adverse remark on the judicial side affects not only the concerned judge but also the members of the Bar.
“Wherefore, it is most respectfully prayed to your Lordship that kindly advise to all accompanying Judges to avoid adverse remark on the Judges of High Court in Uttar Pradesh while deciding the case in appellate jurisdiction,” it added.
The bar association further requested CJI Kant to review and expunge the adverse remarks made in the apex court judgment “to keep high the moral and working capacity of Judges at High Court of Uttar Pradesh for maintaining transparent, fearless and independent judicial system in the interest of Justice”.
–IANS
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