Delhi HC expunges adverse remarks against judge for summoning senior police officials
Justice Amit Bansal, on July 8, expunged parts of a judgment he had passed in December 2023 after the judicial officer informed the court that the observations made would affect his annual confidential report and cause prejudice to him. Justice Bansal also took into account that the Supreme Court had earlier observed that courts should show restraint in making adverse comments on the conduct and calibre of judicial officers in a judgment, as such comments prejudice their careers.
On December 22, 2023, Justice Bansal had set aside an order of a special NDPS judge who had issued a warrant against a deputy commissioner of police and sought his presence 'for not making sincere efforts' in expeditiously receiving a Forensic Science Laboratory (FSL) report in a case. The NDPS judge had also ordered the presence of the investigating officer, the station house officer (SHO), the assistant commissioner of police (ACP), and the DCP.
While quashing the NDPS judge's order, Justice Bansal had observed, 'It is unfathomable that despite a detailed judgment having been passed, similar orders are continued to being passed by the same judge. In my considered view, this appears to be a complete breach of judicial discipline that a sessions judge continues to pass orders in the teeth of a detailed judgment passed by this court, expunging/deleting adverse remarks made by him against senior police officials.'
This observation now stands expunged from the order.
Justice Bansal had also observed, 'As noted above, the same judge has been repeatedly passing orders that are in teeth of a detailed judgment by a Coordinate Bench. Hence, it is deemed appropriate that a copy of this judgment be sent to the Inspection Committee of this Court in respect of the said Judge .' This too stands expunged.
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