Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court

The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.

Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also have serious consequences on the careers of public servants.

The Court made the observations while expunging remarks and strictures passed by the trial court in a batch of petitions.

Justice Mahajan said that judicial officers can pass directions and observations to indicate the lapse on the part of the investigating authority or fault, if any, in the conduction of the investigation.

However, it added that while doing so, use of vituperative remarks or those that tend to impeach the credibility of the investigating authority ought to be avoided.

Perusing the impugned orders, the Court noted that the remarks were made regarding the failure on the part of the investigating agency to carry out the investigation in a proper manner.

“The impugned orders further manifest that despite numerous orders, case property/photographs had not been produced. While the anguish of the learned Trial Court is not without reason, yet use of disparaging remarks that tend to lower the credibility of the investigating authority ought to be avoided,” the Court said.

It added: “If the learned Trial Court was concerned with the manner of the conduction of investigation, the Court could simply have recorded the fact. However, use of castigating remarks, show- cause notices to the Commissioner of Police seeking action taken against the officers, manner of enquiry, etcetera, in the opinion of this Court, cannot be sustained.”

While dealing with one of the petitions, the Court observed that the Trial Court, while considering the application for grant of bail, cannot pass strictures since the jurisdiction of the Court on such an occasion is limited to either the grant or dismissal of bail of the accused pending trial.

“It is not in doubt that the orders of the Court must be obeyed and complied with. Further, no individual shall be allowed to diminish the authority and majesty of the Court. However, scathing remarks tend to have lasting consequences. It cannot be overlooked that every word that forms part of the record/judicial order gains permanence,” the Court said.

Title: STATE v. NILESH MISHRA and other connected matters

Citation: 2025 LiveLaw (Del) 182

Click here to read order