Advise SC Judges Against Passing 'Stigmatic' Orders: Oudh Bar Association Urges CJI To Expunge Remarks Against Justice Pankaj Bhatia

The Oudh Bar Association (Allahabad High Court, Lucknow Bench) has addressed a formal representation to the Chief Justice of India Surya Kant, raising serious concern regarding 'repeated adverse remarks concerning the Allahabad High Court Judges. The Association has urged the CJI Surya Kant to advise all accompanying Judges of the Supreme Court to avoid passing stigmatic orders and has specifically sought to "review and expunge" the 'adverse' remark made against Justice Pankaj Bhatia in one of its recent orders. In its 4-page submission, the Association highlighted that the judges are already working under mounting pressure from the ever-increasing pendency of cases. It adds that, in this high-pressure environment, they are sometimes, unfortunately, made to feel the impact of the Apex Court's unexpected remarks in its appellate jurisdiction. The representation argues that such remarks have a 'demoralising' and chilling effect not only on the particular Judge but on members of the Bar at large. “…there is sometimes overreach by our Apex Court in passing remarks on the capability of judge under impugned order which has serious jolting psychological effect on his or her judicial mind,” the representation states. "The remarks by the Supreme Court sitting in appellate or extraordinary jurisdiction on the order or judgment passed by judges of the High Court, if stigmatic, has a chilling effect on the working capacity of a particular judge whose justice delivery capacity is unquestionably appreciated by the members of the Court Annexed Bar at large", it adds. Against this backdrop, the Oudh Bar Association has requested CJI Surya Kant to advise all accompanying Judges to avoid adverse remarks on the Judges of Allahabad High Court and to review and expunge the adverse remark passed against Justice Bhatia recently. This, the Association states, is vital to keep high the moral and working capacity of Hon'ble Judges at the High Court of Uttar Pradesh for maintaining a transparent, fearless and independent judicial system in the interest of JusticeIt may be noted that the order in question was passed by the Supreme Court on February 9, in which it strongly criticised the High Court for passing an unreasoned bail order in a dowry death case without taking into account the factors to be considered in bail applications.A bench of Justices JB Pardiwala and KV Viswanathan had termed the order, passed by Justice Pankaj Bhatiya (sitting at Lucknow Bench of the High Court) as one of the "most shocking and disappointing orders that it has come across over a period of time".Just 4 days after that, Justice Bhatia passed an order requesting the Chief Justice NOT to assign him the Bail Roster in future.The representation has been issued in the names of the President, Pt. S. Chandra (Subhash Chandra Mishra), and the General Secretary, Lalit Kishore Tiwari.

Advise SC Judges Against Passing 'Stigmatic' Orders: Oudh Bar Association Urges CJI To Expunge Remarks Against Justice Pankaj Bhatia

Sparsh Upadhyay

Tags