New Delhi, February 19 – The Oudh Bar Association (Allahabad High Court, Lucknow bench) has written to Chief Justice of India (CJI) Surya Kant expressing concern over "repeated adverse remarks" made against judges of the Allahabad High Court and seeking the removal of certain observations made in a recent judgment.
In a letter addressed to the CJI, the bar association said that while the Supreme Court is exercising appellate jurisdiction, it should avoid making stigmatizing remarks against High Court judges, as this has a "chilling effect" on their functioning and morale.
The letter comes in the context of a recent Supreme Court judgment which overturned a bail order granted by the Allahabad High Court in a dowry death case, describing the order as "one of the most shocking and disappointing orders" encountered by the apex court in recent times.
The top court had said that it failed to understand what weighed with the Allahabad High Court in exercising discretion in favour of the accused in a serious offence like dowry death and described the bail order as leading to a "travesty of justice".
The letter stated that while erroneous judgments can be corrected on appeal, remarks impacting the dignity and capability of judges may have a demoralizing impact.
"It has also been made clear that while erroneous judgments can be corrected in appeal, remarks that impact the dignity and capability of judges may have a demoralizing impact," the letter noted.
"The remarks made by the Supreme Court while exercising appellate or extraordinary jurisdiction on the order passed by High Court judges, if stigmatizing, can have a chilling effect on the working capacity of a particular judge, whose judicial capacity is unquestionably appreciated by the members of the Court Annexed Bar," it said.
Highlighting the heavy pendency, the bar association said that the Allahabad High Court, at both Lucknow and Prayagraj benches, is functioning with fewer judges than its sanctioned strength, leading to mounting pressure of work.
"As such, any adverse remark on their capacity for sound judicial approach is bound to demoralize them, as happened with the judge sitting in Lucknow in the bail jurisdiction, who unfortunately found himself under the chilling effect of the remarks passed by the Supreme Court under its appellate jurisdiction," the letter said.
Describing the Bar as "the mother of the Bench", the association said that it is best placed to assess the performance of judges and that any adverse remark on the judicial side affects not only the concerned judge but also the members of the Bar.
"Therefore, we respectfully pray to your Lordship to kindly advise all accompanying Judges to avoid making adverse remarks about the judges of the High Court in Uttar Pradesh while deciding the case in appellate jurisdiction," it added.
The bar association further requested CJI Kant to review and remove the adverse remarks made in the apex court judgment "to maintain the moral and working capacity of Judges at the High Court of Uttar Pradesh for maintaining a transparent, fearless and independent judicial system in the interest of Justice".
