Summary
Strictures passed by a Single Judge of the Rajasthan High Court against a judicial officer who had granted bail on parity, with a direction to place the order before the Chief Justice, were expunged: High Courts should ordinarily refrain from criticising judicial officers on the judicial side, the officer was condemned unheard, and the High Court judgment (Jugal) on which the order rested had been reversed by the Supreme Court. All High Courts were asked to consider a rule requiring bail applicants to disclose their other criminal cases.
Issues
- Whether the High Court, while rejecting a bail application, could pass strictures against the Sessions Judge who had earlier granted bail and direct that the order be placed before the Chief Justice.
- Whether High Court Rules should require a bail applicant to disclose involvement in other criminal cases.
Provisions considered
- Rule 5, Chapter 1-A(b), Rules and Orders of the Punjab and Haryana High Court, Volume VQuoted as a model: every bail petitioner must state whether a similar application was made to the Supreme Court and whether he is or was involved in any other criminal case; the Court recommended that every High Court consider incorporating a similar provision. (¶¶ 22, 23, 24)
Held
- It is well settled (In Re: 'K', A Judicial Officer; Sonu Agnihotri v. Chandra Shekhar) that courts higher in the hierarchy may criticise erroneous orders with reasons but should refrain from passing strictures on the personal conduct and calibre of judicial officers in judicial pronouncements; improper conduct should instead be brought to the notice of the Chief Justice on the administrative side, where the officer can explain himself. (¶¶ 18, 19)
- Strictures recorded against the appellant judicial officer without any opportunity of explanation or show cause, and founded on the High Court's decision in Jugal v. State of Rajasthan which this Court had reversed in Ayub Khan v. State of Rajasthan, were uncalled for and are expunged; the impugned order is modified to that extent. (¶¶ 20, 21)
- Since accounting for an accused's criminal antecedents in bail matters is a concern across the country, every High Court should consider incorporating in its Rules or Criminal Side Rules a provision, like Rule 5 of Chapter 1-A(b) of the Punjab and Haryana High Court Rules, obliging bail applicants to disclose other criminal cases against them; a copy of the order is to go to the Registrars General of all High Courts. (¶¶ 22, 23, 24)
Result
Appeal allowed; strictures against the appellant judicial officer in the High Court order dated 03.05.2024 expunged and the order modified to that extent; copy of the order to be sent to the Registrars General of all High Courts.