Sonu Agnihotri Vs Chandra Shekhar 2024 INSC 888 - Personal Criticism Of Judges In Judgments

Practice and Procedure - Personal criticism of Judges or recording findings on the conduct of Judges in judgments must be avoided- The superior courts exercising such powers can set aside erroneous orders and expunge uncalled and unwarranted observations. While doing so, the superior courts can legitimately criticise the orders passed by the Trial Courts or the Appellate Courts by giving reasons. There can be criticism of the errors committed, in some cases, by using strong language. However, such observations must always be in the context of errors in the impugned orders. While doing so, the courts have to show restraint, and adverse comments on the personal conduct and calibre of the Judicial Officer should be avoided. There is a difference between criticising erroneous orders and criticising a Judicial Officer. The first part is permissible. The second category of criticism should best be avoided- Judicial officers should not be condemned unheard- The High Court Judges, after noticing improper conduct on the part of the Judicial Officer, can always invite the attention of the Chief Justice on the administrative side to such conduct. Whenever action is proposed against a judicial officer on the administrative side, he gets the full opportunity to clarify and explain his position. But if such personal adverse observations are made in a judgment, the Judicial Officer’s career gets adversely affected. (Para 14-16)

Quotable Quotes - The Judges are human beings. All human beings are prone to committing mistakes. To err is human- We must remember that when we sit in constitutional courts, even we are prone to making mistakes- no court can be called a “subordinate court”. Here, we refer to “subordinate” courts only in the context of appellate, revisional or supervisory jurisdiction.