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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Sanjay Kumar Sain – Appellant
Versus
State Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. application for condoning delay in filing (Para 1 , 2 , 3) |
| 2. request for expunging adverse remarks (Para 4 , 5) |
| 3. arguments regarding violation of natural justice (Para 6) |
| 4. court's views on delay in investigations (Para 8 , 9 , 10) |
| 5. withdrawal of rule impacting the judgment's analysis (Para 11 , 12) |
| 6. clarification on judicial scrutiny and no personal attack (Para 13 , 14) |
| 7. hierarchy of judicial review and its implications (Para 15 , 18 , 19) |
| 8. judicial comments vs. judges' integrity (Para 20 , 21) |
| 9. supreme court views on judicial officer criticisms (Para 22 , 23) |
| 10. clarifications on judgment impact on judicial officer's record (Para 24 , 26) |
| 11. conclusion and disposal of the application (Para 27 , 28 , 29) |
JUDGMENT
DR. SWARANA KANTA SHARMA, J
CRL.M.A. 11002/2025 (delay in filing the re-call application)
1. By way of instant application, the applicant seeks condonation of delay of 736 days in filing the re-call application in relation to the judgment dated 01.03.2023 of this Court passed in above-captioned Criminal Writ Petition.
2. For the reasons stated in the application, the same is allowed and the delay of 736 days in filing the re-call application is condon
Judicial review does not imply personal criticism of lower court judges unless explicitly stated; expunged remarks may cause reputational harm.
Adverse remarks – There is difference between criticising erroneous orders and criticising a Judicial Officer – First part is permissible – Second category of criticism should best be avoided – No co....
Adverse Remarks – For a person in uniformed service like Police, adverse entry relating to his/her integrity and conduct is to be adjudged by superior authorities who record and approve such entry.
The court clarified that a dismissal for default does not amount to a final order, allowing recall and reinstatement for hearings on merits under inherent powers of the High Court.
The court emphasized the importance of preventing abuse of the legal process and securing the ends of justice.
Remarks by higher courts against subordinate judicial officers must be necessary and justified to uphold judicial dignity and independence.
Litigants should not suffer due to the mistakes of their counsel; allegations of professional misconduct must be addressed to the Bar Council.
The primary prayer in both recall applications was substantially the recall of the order dated December 6, 2018, and the Court rejected the second recall application on the ground of constructive res....
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