Judges should not misuse powers for sadistic pleasure: SC

“It is atrocious (the practice of issuing non-bailable warrants (NBWs) indiscriminately),” a Bench headed by Chief Justice K G Balakrishnan said when the petition of Delhi’s additional sessions judge (ASJ) R K Tiwari, against whom the High Court had passed the direction, was mentioned.

Senior advocate Dushyant Dave and Rajeev Sharma, had sought expunction of the strictures passed by the HC against the ASJ.

The High Court on October five had slammed the ASG saying ‘he does not even have elementary knowledge of criminal law’ and that he should be sent to a judicial academy.

The apex court, which asked the ASG to approach the High Court within two weeks for expunction of the remarks against the ASJ, disapproved of the growing tendency among the lower court judges to issue NBWs indiscriminately.

“It will have a serious consequence. Don’t magistrates know the basic of criminal law and that judges have to be responsible. When we pass an order we must be aware of its consequences,” observed the Bench, also comprising Justices R V Raveendran and V S Sirpurkar.

“An NBW cannot be issued simply for seeking praise and drawing sadistic pleasure,” the Bench said, adding that ‘this is not the way for them to show powers of a magistrate’.

“This will have serious civil consequences,” the Bench said, referring to some of the recent judgements passed by the apex court asking subordinate courts to exercise their powers carefully while issuing NBWs.