New Delhi
The Supreme Court has cautioned High Courts against publicly criticizing district judges in their orders, saying such remarks can damage morale across the district judiciary and harm the concerned judge’s career.
The observations came while hearing an appeal against a Calcutta High Court order that had cancelled bail granted by a district court in a criminal case linked to a lease dispute. The High Court, while cancelling the bail, had also made critical comments about the district judge’s functioning.
A bench of Justices Vikram Nath and Sandeep Mehta said it was not fair to cancel bail after eight years by relying only on technical grounds. The court also held that openly faulting the district judge in the order was unacceptable.
The Supreme Court said High Courts, as courts of record, should act as guardians of district judges. If an error is found in a district court order, High Courts should address it without humiliating remarks, and should use their authority to guide and develop judges rather than as a tool of oppression.
Setting aside the Calcutta High Court’s order, the Supreme Court restored bail to the accused.
