Independence And Fearlessness Of Judiciary Not Only Expected From Superior Courts But Also From District Judiciary: SC [Read Judgment]

While quashing disciplinary action taken against a judicial officer, the Supreme Court observed that independence and fearlessness of judiciary is not only expected at the level of the Superior Courts but also from the District judiciary.In its introductory part of the judgment, the bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed: In a country, which follows the Rule of Law, independence of the judiciary is sacrosanct. There can be no Rule of Law, there can be no democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary. The Court observed that one of the responsibilities of the High Court on the administrative side is to ensure that the independence of the District judiciary is maintained and the High Court acts as a guardian and protector of the District judiciary The court further observed that for most litigants the last forum of litigation are district courts. It said: Most litigants only come in contact with the District judiciary. They cannot afford to come to the High Court or the Supreme Court. For them the last word is the word of the Magistrate or at best the Sessions Judge. Therefore, it is equally important, if not more important, that the judiciary at the District Level and at the Taluka level is absolutely honest, fearless and free from any pressure and is able to decide cases only on the basis of the facts on file, uninfluenced by any pressure from any quarters whatsoever. The bench referred to a judgment in P.C. Joshi Vs. State of U.P. that, if in every case where an order of a subordinate court is found to be faulty a disciplinary action were to be initiated, the confidence of the subordinate judiciary will be shaken and the officers will be in constant fear of writing a judgment so as not to face a disciplinary enquiry and thus judicial officers cannot act independently or fearlessly. It observed that, if any judicial officer conducts proceedings in a manner which would reflect on his reputation or integrity or there is prima facie material to show reckless misconduct on his part while discharging his duties, the High Court would be entitled to initiate disciplinary cases but such material should be evident from the orders and should also be placed on record during the course of disciplinary proceedings. We again reiterate that unless there are clear-cut allegations of misconduct, extraneous influences, gratification of any kind etc., disciplinary proceedings should not be initiated merely on the basis that a wrong order has been passed by the judicial officer or merely on the ground that the judicial order is incorrect, the bench said.Click here to Read/Download Judgment

Independence And Fearlessness Of Judiciary Not Only Expected From Superior Courts But Also From District Judiciary: SC [Read Judgment]

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