NEW DELHI: Expunging its earlier criticism of an Allahabad high court judge whose verdict it had listed among the "worst," a Supreme Court bench of Justices J B Pardiwala and R Mahadevan on Friday clarified that it had no intention of embarrassing or casting aspersions on the judge.
"We must clarify that our intention was not to cause embarrassment or cast aspersions on the judge concerned. We would not even think of doing so," the bench said, reading from a prepared order at the start of proceedings.
Reiterating that its observations were aimed at safeguarding judicial integrity , it said, "Whatever was said in our order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people, as that will go a long way in reinforcing the faith reposed in us." The court, however, stood by its assessment that the high court judge's order was "perverse."
Acknowledging the exclusive authority of an HC chief justice as 'master of the roster', the bench stated in its Aug 4 order that it was not interfering with the CJ's administrative powers. "When matters raise institutional concerns affecting the rule of law , this court may be compelled to step in and take corrective steps," it said, leaving it to the Allahabad HC CJ to examine the issue raised.
Expressing hope that it would not encounter such orders in the future, the bench said, "The endeavour of high courts should always be to uphold the rule of law and maintain institutional credibility. If the rule of law is not protected within the court itself, that would be the end of the entire justice delivery system."
The bench said that while it had criticised flawed HC orders, it had also consistently praised judges who delivered sound, well-reasoned judgments.
"We must clarify that our intention was not to cause embarrassment or cast aspersions on the judge concerned. We would not even think of doing so," the bench said, reading from a prepared order at the start of proceedings.
Reiterating that its observations were aimed at safeguarding judicial integrity , it said, "Whatever was said in our order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people, as that will go a long way in reinforcing the faith reposed in us." The court, however, stood by its assessment that the high court judge's order was "perverse."
Acknowledging the exclusive authority of an HC chief justice as 'master of the roster', the bench stated in its Aug 4 order that it was not interfering with the CJ's administrative powers. "When matters raise institutional concerns affecting the rule of law , this court may be compelled to step in and take corrective steps," it said, leaving it to the Allahabad HC CJ to examine the issue raised.
Expressing hope that it would not encounter such orders in the future, the bench said, "The endeavour of high courts should always be to uphold the rule of law and maintain institutional credibility. If the rule of law is not protected within the court itself, that would be the end of the entire justice delivery system."
The bench said that while it had criticised flawed HC orders, it had also consistently praised judges who delivered sound, well-reasoned judgments.
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