TMI Blog2004 (4) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. In these three appeals, certain observations made by the High Court of Gujarat at Ahmedabad in Crl.A. No. 956/2003 with Crl. Misc. Appln. Nos. 7677/2003 and 9825/2003 are questioned by the appellants. 3. According to them, the High Court has directly and/or at any rate indirectly cast aspersions on their credibility and bonafides in helping certain persons to approach this Court for redressal of their grievances. The case before the Gujarat High Court related to an alleged communal carnage on 27th February, 2002. 4. According to the appellants, being human rights activists, they wanted to find out what is the truth and in the process, though after conclusion of the trial, it was reliably felt by them on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g portions from the judgment, which according to the appellants are as follows: In Para 15 - It is stated at the Bar that the Citizens for Justice and Piece petitioner before the Supreme Court in this case, is situated at Mumbai. Like other affidavits, this affidavit of Sahejadkhan was also sworn before the Notary Public at Mumbai whereas this witness resides at Vadodara. From Para-22 of this affidavit it appears that an attempt is made by the journalist/human rights activists and advocate Teesta Setalvad and Mihir Desai, respectively, of the Citizens for Justice and Piece to have parallel investigating agency, whereas the statutory authority to investigate any case, is Police, CBI or any other agency established under the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... difficult to rebuild confidence, faith and harmony between people of the two communities. This time, target is none else but the judiciary of the State and the system as a whole which is really a matter of grave concern. Most unfortunate part of it is that, some people within the State and the Nation, without realizing the pros and cons of it, unnecessarily giving undue importance to such elements, who are misusing poor persons like Zahira and others. X X X Instead of that, there are some persons for their petty benefits, trying to add the fuel to the fire, which is already extinguished, and ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... njudicious approach and/or render their decisions vulnerable for challenge on account of violating judicial norms and ethics. The observations quoted above do not prima facie appear to have any relevance to the subject matter of dispute before the High Court. Time and again this Court has deprecated the practice of making observations in judgments, unless the persons in respect of whom comments and criticisms were being made were parties to the proceedings, and further were granted an opportunity of having their say in the matter unmindful of the serious repercussions they may entail on such persons. Apart from that, when there is no relevance to the subject matter of adjudication, it is certainly not desirable for the Courts to make any co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake cudgels as well against any one, either to please their own or any one's phantasies. Uncalled for observations on the professional competence or conduct of a counsel, and any person or authority or harsh or disparaging remarks are not to be made, unless absolutely required or warranted for deciding the case. 11. Even while dealing with recalcitrant subordinate judicial officers, this Court has advised restraint. 12. As far back as in the year 1963 in Ishwari Prasad Misra v. Mohd. Isa [1963]3SCR722 this Court seeking through Gajendragadkar, J. (as he then was) in the context of dealing with strictures passed by the High Court against one of its subordinate judicial officers stressed the need to adopt utm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposition. It is an attribute of a Judge which he is obliged to keep refurbished from time to time, particularly while dealing with matters before him whether in exercise of appellate or revisional or other supervisory jurisdiction. Higher courts must remind themselves constantly that higher tiers are provided in the judicial hierarchy to set right errors which could possibly have crept in the findings or orders of courts at the lower tiers. Such powers are certainly not for belching diatribe at judicial personages in lower cadre. It is well to remember the words of a jurist that a judge who has not committed any error is yet to be born. No greater damage can be caused to the administration of justice and to the confide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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