S.K. VISWAMBARAN versus E. KOYAKUNJU & ORS.

S.K. VISWAMBARAN versus E. KOYAKUNJU & ORS.

Adverse remarks cannot be made against an individual without affording an opportunity to be heard; the High Court erred in making severe comments affecting the appellant's character and integrity in disregard of procedural fairness and judicially established criteria for such remarks.

Parties
Appellant: S.K. Viswambaran; Respondent No. 1: E. Koyakunju; Respondent No. 2: T.P. Rajagopalan; Respondent No. 3: Head Constable PW 2
Jurisdiction
India
Judgment Date
03 March 1987
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of the Kerala High Court on Criminal Miscellaneous Petitions
Outcome
Appeal allowed
Legal Topics
Adverse Remarks, Natural Justice, Expunction of Strictures, Judicial Principles for Disparaging Remarks
Criminal Law Judicial Procedure Adverse Remarks Natural Justice Expunction of Strictures Judicial Principles for Disparaging Remarks

Case Brief

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Parties

S.K. Viswambaran

Appellant

E. Koyakunju

Respondent No. 1

T.P. Rajagopalan

Respondent No. 2

Head Constable PW 2

Respondent No. 3

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of the Kerala High Court on Criminal Miscellaneous Petitions

Legal Issues

  1. 1 Whether adverse remarks by the High Court against the appellant were validly made without hearing him.
  2. 2 What are the judicially recognized tests for making adverse remarks against officials in judgments.
  3. 3 Scope of the inquiry in expunction applications before the High Court.

Ratio Decidendi

Adverse remarks cannot be made against an individual without affording an opportunity to be heard; the High Court erred in making severe comments affecting the appellant's character and integrity in disregard of procedural fairness and judicially established criteria for such remarks.

Court Disposition

Appeal allowed

Orders

  • Adverse remarks against the appellant in the order of the High Court are expunged from the record.