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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Libi P.M., S/o. P.R. Muraleedharan Nair – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor, High Court of Kerala, Ernakulam – Respondent
| Table of Content |
|---|
| 1. background of the case and allegations (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's objections to the trial court's remarks (Para 6 , 7) |
| 3. court's analysis on procedural fairness (Para 8 , 9 , 10) |
| 4. conclusion to expunge remarks against the petitioner (Para 11) |
ORDER :
This Crl. M. C has been filed to expunge the remarks/strictures made against the petitioner in the judgment dated 03.08.2019 in S.C. No.580/2016 passed by the Assistant Sessions Court (Additional), Palakkad (for short, 'the trial court').
2. The petitioner was working as the Station House Officer (SHO) at Walayar Police Station, Palakkad in the year 2015. A crime was registered by the Walayar Police Station, Palakkad on 02.04.2003 as Crime No.89/2003 against fifteen accused persons alleging offences punishable under Sections 143 , 147, 148, 341, 323, 324 and 308 read with Section 149 of the INDIAN PENAL CODE (IPC). The investigation was taken up by the then SHO of Walayar Police Station, Palakkad, namely, Sri. N. K. Kumaran and he submitted the final report before the Judicial First-Class Magistrate Court-I, Palakkad. The final report was returned by the learned Magistrate on 21.07.2003 noting that the wou
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 necessity of providing a hearing before making disparaging remarks, quashing directions for disciplinary action against the petitioner.
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.
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
Judicial review under Section 482 Cr.P.C. allows expunging adverse remarks if natural justice is violated and such remarks are not essential for the case.
Adverse remarks against an officer without a hearing violate natural justice principles, rendering such remarks unsustainable.
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.
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