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YOGENDRA KUMAR PUROHIT
Devendra Singh S/o Shri Shambhu Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
The extraordinary jurisdiction conferred on this Court under Section 482 Cr.P.C. is in the nature of inherent powers and such power can be exercised to prevent abuse of the process of any Court or to otherwise secure the ends of justice. The issue concerning scope and object of Section 561-A Cr.P.C. (1898), which is pari-materia to Section 482 Cr.P.C. (1973), came up for consideration before the Constitution Bench of Supreme Court in case of State of Utter Pradesh Vs. Mohd. Naim (AIR 1964 SC 703),
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.
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.
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....
Remarks by higher courts against subordinate judicial officers must be necessary and justified to uphold judicial dignity and independence.
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 remarks against public servants must be justified by evidence and made only after affording an opportunity to explain their conduct; mere negligence does not equate to wilful negligence under....
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.
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