The Oudh Bar Association, Lucknow bench of the Allahabad High Court, has written to Chief Justice of India Surya Kant expressing worry about negative comments directed at High Court judges and requested the removal of specific remarks from a recent judgment. The association emphasized that the Supreme Court, in its appellate role, should refrain from making disparaging remarks about High Court judges as it can adversely affect their work and morale.
The letter was prompted by a recent Supreme Court ruling that overturned a bail decision by the Allahabad High Court in a dowry death case, labeling it as one of the most shocking and disappointing orders seen by the apex court recently. The Supreme Court criticized the High Court’s decision, questioning the rationale behind granting bail in a serious offense like dowry death and stating that it resulted in a miscarriage of justice.
The Oudh Bar Association highlighted the importance of correcting erroneous judgments through the appeal process but cautioned against comments that could undermine the dignity and competence of judges. The association stressed the need to focus on critiquing flawed judgments without casting aspersions on the judges themselves, citing the psychological impact such remarks can have on judicial officers.
Pointing out the significant backlog of cases, the bar association noted that the Allahabad High Court, operating with fewer judges than sanctioned, is under immense workload pressure. The letter underscored that adverse remarks on a judge’s judicial acumen could demoralize them, as evidenced by a judge in Lucknow facing the repercussions of critical comments made by the Supreme Court in an appellate capacity.
Describing the Bar as the foundation of the Bench, the association asserted its role in evaluating judges’ performance and highlighted that negative comments not only affect the judge in question but also impact the legal community. The association respectfully urged Chief Justice Surya Kant to advise judges to refrain from making adverse remarks about Uttar Pradesh High Court judges while deciding cases in appellate jurisdiction to maintain a conducive judicial environment.
The bar association further appealed to CJI Kant to review and expunge the critical remarks from the Supreme Court’s judgment to uphold the morale and competence of judges in the Uttar Pradesh High Court, ensuring a transparent, fearless, and independent judicial system in the pursuit of justice.
