Madhya Pradesh High Court Retraces Steps: Prioritizes Internal Review Over Supreme Court Showdown

In a move underscoring judicial self-regulation, the High Court of Madhya Pradesh at Jabalpur, led by Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, has recalled its own earlier directive to challenge a single judge's order before the Supreme Court. The decision, delivered on April 22, 2026, in Writ Petition No. 38432 of 2025 (Court on its Own Motion v. High Court of Madhya Pradesh) , aligns with recent Supreme Court guidance to handle flaws in lower court orders through in-house processes rather than public admonishment.

The Controversy Ignites: A Single Judge's Call for Inquiry

The saga began on September 12, 2025, when Justice Rajesh Kumar Gupta, sitting at the Gwalior Bench, reviewed a bail order by Additional Sessions Judge Vivek Sharma. Sharma had dropped certain charges against an accused in an embezzlement case tied to land acquisition. Justice Gupta found the decision speculative and recommended an inquiry into Sharma's conduct—a step that raised eyebrows for venturing beyond typical bail or superintendence powers under Articles 227 and 235 of the Constitution.

A coordinate Division Bench of Justices Atul Sreedharan (now transferred to Allahabad High Court) and Pradeep Mittal took suo motu cognizance on September 22, 2025. They deemed Gupta's observations excessive, potentially chilling trial judges from exercising discretion, but noted judicial discipline barred direct interference—leaving it to the Supreme Court. The bench directed the Registrar General to file a Special Leave Petition (SLP), though it was never pursued.

Escalation and Reflection: From Suo Motu to Internal Reckoning

Records were called, a vigilance report sought, and the matter landed before the High Court's Administrative Committee. Referencing the Supreme Court's April 9, 2026, order in Shuvendu Saha v. State of West Bengal (SLP (Crl.) No. 5486/2026), the bench highlighted a growing trend of High Courts publicly castigating district judges. The apex court urged in-house mechanisms—like remark slips routed to administrative heads—to nurture rather than oppress judicial officers.

Madhya Pradesh High Court already had such a system: judicial observations or recommendations go straight to the Administrative Committee. With the matter already under its active consideration, the Chief Justice-led bench saw no need for escalation.

Echoes from the Apex: Protecting the District Judiciary

The ruling quotes pivotal Supreme Court observations:

"The High Court, being a Court of record in the State, is expected to act as the guardian of the Officers in district judiciary. While finding infirmities in the order passed by a Judicial Officer, the immediate reaction ought not to be to make adverse or disparaging observations against the concerned Judicial Officer in a judicial dispensation."

It warns that such strictures "may ruin the career of the Judicial Officer in addition to demoralising the district judiciary as a whole," repositioning Article 227's superintendence as a guiding tool, not a weapon.

Other key excerpts from the judgment include:

" judicial discipline dictates that the orders under consideration... were untouchable by this Court and the discretion was only with the Supreme Court "

And:

" Power of superintendence conferred upon the High Courts by Article 227 of the Constitution of India ought not to be used as a tool of oppression but rather as a mechanism for nurturing and guiding the Judicial Officers in the State."

Verdict Reached: SLP Direction Recalled, Matter Internalized

The final order is unequivocal:

"we recall the order dated 22.9.2025 in so far as it issued a direction to the Registrar General of this Court to approach the Supreme Court , and direct that further action be taken in accordance with the recommendation of the Administrative Committee and by the Competent Authority thereafter. The proceedings are accordingly closed in the above terms."

This closes the suo motu petition, shifting focus to internal handling. Practically, it shields trial judges like Sharma from immediate scrutiny, reinforces High Court autonomy in personnel matters, and sets a precedent for peer review over public trials of judicial errors. Future cases may see more remark slips and committee deliberations, fostering a less adversarial judicial ecosystem.