Control itch to pull down lower court judges,SC tells HCs

In an unusually stern message to the countrys high court judges,the Supreme Court has warned them to control the itch

In an unusually stern message to the countrys high court judges,the Supreme Court has warned them to control the itch to make caustic comments about subordinate judges in written verdicts as these may years later become a source of misgiving and pitilessly manifest themselves as the hazards on a golf course.

The apex courts words,part of a judgment delivered by a Bench led by Justice G S Singhvi,conveyed that High Court judges seem to more often wield the teachers cane against lower court judges than being a friend,philosopher and guide.

The court was deciding in favour of an Andhra Pradesh district judge,referred to as only K,who sought the removal of certain disparaging remarks made by the state high court against his decision in a land dispute. Such an incident would have a seriously demoralising effect not only on him but also on his colleagues. If all this is avoidable why should it not be avoided, the court said in its May 27 judgment.

The court spoke a direct language when it asked the wisdom of a superior judge,itching to make an observation on a subordinate judge,to pause a moment before ventilating it into expression. Write an opinion,and read it a few years later. You will learn for the first time the limitations of the power of speech,or,if not those of speech in general,at all events your own, the court said. All sorts of gap and obstacles and impediments will obtrude themselves before your gaze,as pitilessly manifest as the hazards on a golf course. Sometimes you will know that the fault is truly yours,in which event you can only smite your breast,and pray for deliverance thereafter, the court wrote in its judgment while quoting the counsel of legendary US Supreme Court judge Benjamin N Cardozo.

The Bench advised the high courts to pardon the innocent error of a subordinate judge but not a repetition of the same mistake. Advocating the lower judiciarys handicaps in such cases,the Bench said that a negative comment by the high court would tantamount to a judicial officer being condemned unheard.