High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior

The Punjab & Haryana High Court has expunged the "disparaging remarks" made by a Sessions Court against former Police Commissioner of Gurugram, while deciding the anticipatory bail plea of a junior IPS officer.

Justice Vinod S. Bhardwaj said, "The remarks extracted above were not integral for the final adjudication of the anticipatory bail application filed by accused–Dheeraj Kumar Setia, IPS. There was further no opportunity granted to the petitioner and also there was no material available on record so as to substantiate and/or justify the recording of the said disparaging remarks."

The Court was hearing the plea of former Police Commissioner of Gurugram Krishan Kumar Rao. The impugned order cast aspersion on the Commissioner by wondering if the IPS had acted with his "concurrence".

Petitioner's counsel contended that remarks against the petitioner were made even though he had no concern with the petition and that there was insufficient material available before the Court below in order to justify the recording of such remarks. He referred to State of U.P. v. Mohammad Naim, in which the Apex Court held,

"It has been judicially recognised that in the matter of making disparaging remarks against persons or authorities whose conduct comes into consideration before courts of law in cases to be decided by them, it is relevant to consider (a) whether the party whose conduct is in question is before the court or has an opportunity of explaining or defending himself; (b) whether there is evidence on record bearing on that conduct justifying the remarks ; and (c) whether it is necessary for the decision of the case, as an integral part thereof, to animadvert on that conduct. It has also been recognised that judicial pronouncements must be judicial in nature, and should not normally depart from sobriety, moderation and reserve.”

The Court agreed with the submissions of the petitioner and granted relief.

Appearance: Jai Vir Yadav, Sr. Advocate with Rohit Kumar Rana, Advocate for the petitioner.

Vivek Chauhan, Addl. A.G., Haryana.

Citation: 2023 LiveLaw PH (179)