Supreme Court warns high courts for ‘adverse remarks’ against judges
The Supreme Court has recently issued a strong warning to High Courts against passing “adverse” or disparaging remarks against judges of the subordinate judiciary, stressing judicial restraint and the protection of judicial reputation.
What the Supreme Court said
The Court characterized a spate of “discouraging” or “discordant” remarks by High Courts against district‑level judges as improper and potentially damaging to their careers and confidence. It reiterated that while appellate courts can correct errors in judgments, criticism must be confined to the order and not descend into personal censure of the judge’s conduct or competence.
In a recent criminal appeal, the Court expunged adverse remarks by the Delhi High Court against an Additional District and Sessions Judge, holding that such observations, even if later deleted, may still adversely influence the judge’s ACR and future postings. The judgment emphasized that if concerns about a judicial officer’s conduct exist, they should ordinarily be addressed administratively through the Chief Justice rather than through public strictures in a judicial order.
Broader message to High Courts
The Supreme Court has effectively reminded High Courts that sharp or scathing observations against lower‑court judges are not justified merely because there is a difference of opinion in the approach to a case. It urged higher benches to adopt “utmost judicial restraint” and to avoid language that is stigmatizing, summary, or penal in tone when dealing with judicial officers of the subordinate judiciary.
