1999 JTR(SC) 658
1999 AIR(SCW) 4826 ; 1999 2 PLJR(SC) 85 ; 1999 9 SCC 211
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
State Of Bihar
Versus
Nilmani Sahu
Case No. : 1 , 6 of 1999
Date of Decision : 5/13/99
A superior court must use appropriate language when criticizing a lower court's judgment to ensure the dignity of the judicial officer is maintained.
Act
Referred
:CONSTITUTION OF INDIA
: Art.217, Art.136
(A) Judicial Conduct - Language used by a superior court in criticizing a lower court's judgment - Use of the expression "most atrocious" to describe a view taken by a single judge found to be wholly inappropriate - When a superior court uses an expression against the judgment of a High Court, it must be in keeping with the dignity of the person concerned. (Para 1)
Facts of the case:
A sitting judge of a High Court filed an application seeking the deletion of specific observations made by the Supreme Court in a previous proceeding. The observations described the view taken by the judge as "most atrocious," which was contended to cast a stigma against the judge and was unnecessary for the final decision of the matter.
Findings of Court:
The court found that the expression "we find that the view taken by the learned single Judge... is most atrocious" was wholly inappropriate and should be deleted to maintain the dignity of the judicial officer.
Issues: Whether the use of the term "most atrocious" to describe a judicial view in a judgment was appropriate and whether it should be deleted to preserve judicial dignity.
Ratio Decidendi: A superior court, while criticizing a view taken by a lower court, must use language that is appropriate and maintains the dignity of the judicial officer concerned.
Result: Application allowed; the inappropriate expression ordered to be deleted.
Facts of the case:
A sitting judge of a High Court filed an application seeking the deletion of specific observations made by the Supreme Court in a previous proceeding. The observations described the view taken by the judge as "most atrocious," which was contended to cast a stigma against the judge and was unnecessary for the final decision of the matter.
Findings of Court:
The court found that the expression "we find that the view taken by the learned single Judge... is most atrocious" was wholly inappropriate and should be deleted to maintain the dignity of the judicial officer.
Issues: Whether the use of the term "most atrocious" to describe a judicial view in a judgment was appropriate and whether it should be deleted to preserve judicial dignity.
Ratio Decidendi: A superior court, while criticizing a view taken by a lower court, must use language that is appropriate and maintains the dignity of the judicial officer concerned.
Result: Application allowed; the inappropriate expression ordered to be deleted.
(1) THESE are applications by sitting Judge of Patna High Court who feels aggrieved by some observations made by this Court in disposing of a Special Leave Petition arising out of a Land Acquisition proceedings. The State of Bihar is represented by Mr. B. B. Singh. Mr. Dipanakar Gupta, learned senior Counsel appearing for the applicant submits that the expression "we find that the view taken by the learned single Judge, Justice R. K. Dev, with due respect, if we can say so, is most atrocious" casts stigma against the applicant and in fact it was not necessary for the decision. We need not go into the merits of the matter since that has reached finality. But having heard the learned Counsel for the parties and considering the judgment of this Court, we think possibly the expression "we find that the view taken by the learned single Judge, Justice P. K. Dev, with due respect, if we can say so, is most atrocious", in the judgment is wholly inappropriate. When this Court) uses an expression against the judgment off High Court it must be in keeping with the dignity of the person concerned. Mr. Singh, learned counsel appearing for the State of Bihar fairly stated that the expression "we find that the view taken by the learned single Judge, Justice P. K. Dev, with due respect, if we can say so, is most atrocious" should be deleted. We, accordingly, direct that the expression "we find that the view taken by the learned single Judge, Justice P. K. Dev, with due respect, if we can say so, is most atrocious" in paragraph 6 of the judgment of this Court be deleted.
(2) I.AS. are ordered accordingly.