Institute of Legal and Management Studies

The Supreme Court granted relief to a Judicial Officer from Rajasthan, by expunging the adverse commens passed against him by the High Court in an order.

The High Court, while rejecting a bail application, passed strictures against the Officer, a Judicial Magistrate, criticising the manner in which bail was granted to a co-accused in the case. The High Court observed that bail was granted in a "grossly inappropriate and cavalier manner while ignoring the criminal record of the said accused."

The High Court also criticised the Magistrate for not following the High Court's judgment in Jugal v. State of Rajasthan which mandated that Judges should incorporate the criminal antecedents of the accused in bail orders in a tabular form (It may be noted that the Supreme Court had later disapproved of the directions issued in Jugal).

Observing that the Magistrate's conduct amounted to indiscipline, ignorance and defiance, the Single Bench of the High Court directed that the matter be placed before the Chief Justice. Aggreived by this direction, the Magistrate approached the Supreme Court.

A bench comprising Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta referred to the settled law that the "High Courts should ordinarily refrain from passing strictures against the judicial officers while deciding matters on the judicial side."

Reference was made to the judgment in in Re: 'K', A Judicial Officer (2001) 3 SCC 54. Reliance was also placed on the recent judgment in Sonu Agnihotri v. Chandra Shekhar & Ors where the critical comments made by the Delhi High Court against a Sessions Judge were expunged.

The Court also noted that the foundation of the High Court's order, the disobedience with the directions in Jugal, is now lost since they were set aside by the Supreme Court in Ayub Khan v. State of Rajasthan

"In this background, we are of the firm opinion that the strictures passed by the High Court against the appellant-Judicial Officer were uncalled for and hence, the same are expunged. The impugned order is modified to that extent," the Court observed.

Also from the judgment - Make Rule Mandating Disclosure Of Antecedents & Earlier Pleas In Bail Applications : Supreme Court To High Courts

Case : Kaushal Singh vs State of Rajasthan

Citation : 2025 LiveLaw (SC) 724

Click here to read the judgment