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HIGH COURT OF GUJARAT
JCD
MULUBHAI RAJSIBHAI GODHANIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
J. C. DOSHI, J.
1. Rule returnable forthwith. Learned APP Mr.Maheta waives service of notice of Rule for the respondent – State.
2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the judgment and award dated 18.08.2021 passed in Sessions Case No.20 of 2014 by learned 5th Additional Sessions Judge, Rajkot to the extent of issuance of adverse remarks and directions against the present petitioner for departmental proceedings and to expunge the remarks made against the petitioner in the said judgment.
3. Heard learned advocate Mr.Maharshi Patel for learned advocate Mr.Virat Popat for the petitioner – Mr.Mulubhai Rajsibhai Godhaniya and learned APP Mr.Manan Maheta for the respondent – State.
4. Seeking to expunge the adverse remarks made by learned Sessions Court in para 18 of the judgment delivered in Sessions Case No.20 of 2014 and some scathing order passed in operative part, learned advocate Mr.Patel having referred to the judgment of Hon’ble Apex Court in case of S.K.Viswambaran vs. E. Koyakunju – 1987 (2) SCC 109; State Rep . By Inspector of Police vs. N.M.T. Joy Immaculate – 2004 (5) SCC 729
The court emphasized that adverse remarks against individuals must adhere to principles of natural justice, requiring an opportunity to be heard before such comments are made.
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
Adverse remarks against an officer without a hearing violate natural justice principles, rendering such remarks unsustainable.
Judicial remarks that carry civil consequences must not be made without an opportunity for the affected party to be heard, adhering to principles of natural justice.
The High Court has inherent jurisdiction to expunge remarks made by itself or lower courts to secure justice, but this power is to be exercised in exceptional cases only.
Judicial remarks against individuals must comply with principles of natural justice, necessitating notice and an opportunity for a hearing before issuing adverse comments, particularly for officials.
The court emphasized the importance of preventing abuse of the legal process and securing the ends of justice.
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