HC should not make scathing criticisms against district judges: SC
The supreme court took strong exception and totally rejected certain sharp remarks the Allahabad High Court had made against a district court judge, S P Misra. What the high court did cannot be tolerated, it is without any reason and stands expunged, the supreme court said.
S P Misra who was working as motor accidents claims tribunal was is in the rank of a district judge. There was a motor accidents claim petition before him, two lawyers had appeared for a claimant, they were R M Singh and D K Saksena. A compromise petition was filed before the court as agreed by the insurance company. Advocate R M Singh was the signatory, there upon Advocate D K Saksena objected.
However, the tribunal held that compromise petition filed by R M Singh was and stands accepted. That was challenged by advocate D K Saksena in the high court. The high court then set aside the tribunal order and ruled that the order passed by it was wrong and severely criticised the tribunal.
The judgment had cast aspersions on the tribunal. S P Misra three upon filed a petition in the supreme court to get the adverse remarks expunged. The supreme court did so.
The supreme court said that the remarks of the high court against S P Misra were unfounded. The court further observed that the high court should not have cast aspersions on the tribunal. It was bad and the high court had virtually castigated the tribunal and condemned him. That should not have happened.
The high court had criticised the tribunal as unworthy and corrupt. The supreme court seriously objected it. Moreover, the high court had imposed Rs 10,000 on the tribunal as cost. The supreme court set aside the cost and remarked that such practices have to be discouraged. The order of the tribunal was restored.