VidhiSangh

Supreme Court of India · 22/11/2024

SONU AGNIHOTRI versus CHANDRA SHEKHAR & ORS.

[2024] 11 S.C.R. 861 · 2024 INSC 888

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court expunged remarks made by the Delhi High Court against an Additional Sessions Judge while it set aside his strictures on police officers. A superior court may criticise an erroneous order, even strongly, but should avoid personal comments on the conduct or calibre of a judicial officer; any concern about conduct belongs on the administrative side, where the officer can be heard.

Issues

  1. Whether the High Court, while expunging a Sessions Judge's adverse remarks against police officers under Section 482 CrPC, was justified in recording adverse remarks against the judicial officer himself.
  2. What restraint superior courts must observe when correcting orders of courts under their appellate, revisional or supervisory jurisdiction.

Provisions considered

Held

Result

Appeals allowed; the adverse remarks against the appellant in paragraphs 13 and 14 of the High Court's order dated 02.03.2023 expunged, the expunction not binding the High Court on its administrative side.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 861.