No Adverse Observations Against Judicial Officers Without Due Opportunity: Supreme Court Reiterates

The Supreme Court on Friday reiterated that orders making adverse observations with regard to the manner in which a judicial officer has exercised discretion in any matter should not be made without opportunity to the person concerned whose career and esteem will be affected.

The bench of Justices A. S. Bopanna and Pankaj Mithal was hearing an appeal by an Additional District and Sessions Judge, Mysuru against a February, 2022 decision of the Karnataka High Court  which made adverse observations against the appellant-judge, while disposing off a criminal petition praying for cancellation of bail of an accused in a dowry harassment case.

The High Court said that the appellant "lost sight of the judicious thought process" and "failed to exercise judicial discretion". It even directed the Registry to obtain orders from the Chief Justice to post the appellant-Judicial Officer in the Judicial Academy for training.

The bench of was of the view that such observation and direction is not justified. "This Court has been repeatedly indicating that such orders should not be made without opportunity to the person concerned whose career and esteem will be effected," it remarked.

The bench thus proceeded to set aside the direction for posting the appellant in the Judicial Academy and also expunged the observations against the appellant as contained in the order of the High Court.

Case : ASHVINI VIJAY SHIRIYANNAVAR vs STATE OF KARNATAKA

Citation : 2023 LiveLaw (SC) 458

Click Here To Read/Download Order