Excelsior Correspondent
JAMMU, July 4: High Court has expunged remarks made by the trial court against DySP Sunny Gupta.
After hearing Senior Advocate Sunil Sethi with Lawanya Sharma for the petitioner, Justice Mohan Lal observed, “limited controversy before the Trial Court was to pass an order regarding the charge/discharge of the accused persons on the strength of the material collected by the investigating agency during investigation”.
“The petitioner as I/O of the case, in his best wisdom, has collected all the material/evidence during the investigation conducted by him and has placed all the relevant evidence before the Trial Court in the form of charge sheet. It was the duty of the Trial Court to evaluate/assess the entire evidence on the record and to prima-facie come to conclusion whether accused persons can be prima-facie charged/discharged for commission of offences indicted against them in the charge sheet”, High Court said.
“Having regard to the limited controversy of passing an order regarding charge/discharge of accused persons in the case in hand, it was not at all necessary for the Trial Court to have passed/recorded such harsh/disparaging remarks against the petitioner (being I/O of the case) in his impugned order dated 02-06-2021”, High Court said, adding “even the Trial Court has not afforded opportunity of explaining or defending the petitioner himself. Law is no longer res-integra that the harsh or disparaging remarks are not to be made against the persons and authorities whose conduct comes into consideration before the courts unless heard. It is the settled practice of the courts to observe sobriety, moderation and reserve”.
“It is reminded that the higher the forum and greater the powers, the greater is the need for restraint and the more mellowed the reproach should be. Judicial restraint and discipline are as necessary to the orderly administration of justice. The duty of restraint is humility of function and should be a constant theme of our Judges. The judicial restraint might better be called judicial respect. The Judge’s Bench is a seat of power and has absolute and unchallengeable control of the court domain, but they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses”, High Court said.
With these observations, High Court directed that the derogatory remarks made/recorded against the petitioner stand expunged from impugned order dated 02.06.2021 under challenge.
Follow our WhatsApp channel