SONU AGNIHOTRI versus CHANDRA SHEKHAR & ORS.

SONU AGNIHOTRI versus CHANDRA SHEKHAR & ORS.

While superior courts (under Article 227 and Section 482 CrPC) may criticise and correct errors in orders of subordinate courts and expunge uncalled observations, they must avoid adverse personal comments on the conduct or calibre of a serving judicial officer in judicial pronouncements; administrative channels should be used to address such conduct. Applying these principles, the Supreme Court expunged the adverse remarks in paragraphs 13 and 14 of the Delhi High Court's order dated 02.03.2023.

Parties
Appellant: Sonu Agnihotri; Respondent(s): Chandra Shekhar & Ors.
Jurisdiction
India
Judgment Date
22 November 2024
Procedural Posture
Criminal Appeal / Decided on Appeal by the Supreme Court
Outcome
Appeals allowed
Legal Topics
Expunging Adverse Judicial Remarks, Judicial Review Under Article 227, Inherent Jurisdiction Under Section 482 Cr PC, Criticism of Subordinate Judges Vs Errors in Orders, Administrative Action Against Judicial Officers
Judicial Service Criminal Procedure Constitutional Law Expunging Adverse Judicial Remarks Judicial Review Under Article 227 Inherent Jurisdiction Under Section 482 Cr PC Criticism of Subordinate Judges Vs Errors in Orders Administrative Action Against Judicial Officers

Case Brief

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Parties

Sonu Agnihotri

Appellant

Chandra Shekhar & Ors.

Respondent(s)

Procedural Posture

Criminal Appeal / Decided on Appeal by the Supreme Court

Legal Issues

  1. 1 Whether adverse personal remarks against a serving subordinate judicial officer made in a judicial order ought to be expunged
  2. 2 Limits on superior courts in criticising subordinate judicial officers while exercising appellate/revisional/supervisory jurisdiction under Article 227 and Section 482 CrPC
  3. 3 Whether the High Court erred in making and refusing to expunge remarks in paragraphs 13 and 14 of its order dated 02.03.2023

Ratio Decidendi

While superior courts (under Article 227 and Section 482 CrPC) may criticise and correct errors in orders of subordinate courts and expunge uncalled observations, they must avoid adverse personal comments on the conduct or calibre of a serving judicial officer in judicial pronouncements; administrative channels should be used to address such conduct. Applying these principles, the Supreme Court expunged the adverse remarks in paragraphs 13 and 14 of the Delhi High Court's order dated 02.03.2023.

Court Disposition

Appeals allowed

Orders

  • Adverse remarks against the appellant in paragraphs 13 and 14 of the first impugned order dated 02.03.2023 are expunged.
  • The direction to expunge the remarks will not bind the administrative side of the High Court.