BRAJ KISHORE THAKUR versus UNION OF INDIA AND OTHERS

BRAJ KISHORE THAKUR versus UNION OF INDIA AND OTHERS

The remarks made by the Single Judge of the High Court against the District & Sessions Judge were unjustified and unsavoury. Judicial restraint must be exercised, and the remarks are expunged in the interest of justice and fairness.

Parties
Appellant: Braj Kishore Thakur; Respondents: Union of India and Others; Respondent: A.K. Jha
Jurisdiction
India
Judgment Date
24 February 1997
Procedural Posture
Criminal Appeal / Appeal by Special Leave Under Article 136 of the Constitution
Outcome
Appeal disposed of; all offending remarks against appellant expunged.
Legal Topics
Bail, Judicial Restraint, Judicial Orders, Judicial Remarks, Narcotic Drugs and Psychotropic Substances Act
Criminal Law Judicial Review Judicial Conduct Bail Judicial Restraint Judicial Orders Judicial Remarks Narcotic Drugs and Psychotropic Substances Act

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Parties

Braj Kishore Thakur

Appellant

Union of India and Others

Respondents

A.K. Jha

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Under Article 136 of the Constitution

Legal Issues

  1. 1 Whether the remarks made by the High Court Single Judge against the District & Sessions Judge in bail cancellation order were justified and should be expunged
  2. 2 Appropriateness of calling for a report from a judicial officer in support of a judicial order

Ratio Decidendi

The remarks made by the Single Judge of the High Court against the District & Sessions Judge were unjustified and unsavoury. Judicial restraint must be exercised, and the remarks are expunged in the interest of justice and fairness.

Court Disposition

Appeal disposed of; all offending remarks against appellant expunged.

Orders

  • All offending remarks made against the appellant in the order dated 20.5.1996 are expunged.
  • Appeal disposed of accordingly.