Rule Restricting Judicial Censure Of Police Officers Withdrawn, Delhi High Court Tells Supreme Court

The Supreme Court was informed yesterday (September 25) that the Delhi High Court has withdrawn its Rule under the “Rules for Practice in the Trial of Criminal Cases,” which stated that it is undesirable for courts to censure police officers unless strictly relevant to the case.

“We have withdrawn the Rule”, Additional Solicitor General SV Raju told the Court. The Court has earlier criticized the HC's directions to judicial officers against censuring police officers.

“I am directed to say that on the recommendation dated 30.08.2024 of the Rules Committee under Section 477 of the CrPC and all other Criminal Statutes and Jurisdictions", the Hon'ble Fuli Court by circulation resolved to approve the deletion of Rule 6 of Part 1 of Chapter 1 of Volume III High Court Rules and Orders”, a letter from the HC Registrar General to Principal Secretary Department of Law Justice and Legislative Affairs, Delhi Government states.

A bench of Justice Abhay Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih reserved its judgment in a plea filed by a judicial officer challenging the HC's remarks regarding his censure of two police officers in a theft case.

The judicial officer had made observations against two police officers, including a statement that there was "something fishy" in their investigation and that the matter was "brushed under the carpet" by senior officials. The Delhi HC had set aside these remarks, stating that the officer had overreached and made disproportionate observations.

During the proceedings yesterday, the bench questioned how the judicial officer could have issued a show cause notice to the police officers under Section 177 (furnishing false information) of the IPC.

The bench emphasized that if a judicial officer concludes that there has been a violation of Section 177 IPC, the proper course of action would be to set criminal law in motion, rather than issuing a show cause notice.

“If you conclude that violation of section 177 has taken the logical step would be to set criminal law in motion. How can you issue show cause notice?”, Justice Oka questioned.

The bench while reserving judgement said that it will protect the appellant but judicial officers should exercise restraint in such matters.

Background

The Delhi High Court's Rules for Practice in the Trial of Criminal Cases emphasize the need for restraint, noting that minor irregularities should not be magnified into misconduct. The HC had set aside the judicial officer's remarks against the police, describing them as exaggerated and unnecessary.

In previous hearings, Justice Oka has remarked that the HC cannot dictate how judicial officers should write judgments, stating that such guidance belongs in judicial academies, not in the form of written directions. He had further emphasized that the judicial officer had the discretion to comment on police conduct if necessary in criminal cases.

Advocate Sagar Suri appeared for the petitioner.

Case no. – Crl.A. No. 388-389/2024

Case Title – Sonu Agnihotri v. Chandra Shekhar