Delhi High Court expunges its harsh comments against a sessions judge for issuing a warrant against a senior cop. Court cites Supreme Court’s caution on making remarks that harm judicial careers.
New Delhi: Today, on July 11, the Delhi High Court has decided to remove certain harsh comments it made earlier against a district judge in a 2023 ruling. The judge had been criticized for summoning senior Delhi Police officers and later issuing a non-bailable warrant (NBW) against a top officer.
The High Court’s latest decision came after the judicial officer filed an application asking for those remarks to be erased, as they could negatively impact his career.
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Justice Amit Bansal, who heard the matter, referred to a Supreme Court ruling that emphasized the need for higher courts to be careful while making personal or professional comments about lower judicial officers.
According to that ruling, courts must be cautious and avoid making statements that could harm the reputation or future of a judge. The High Court applied this principle and agreed to remove the remarks.
The judge stated:
“Applying the ratio of the aforesaid (Supreme Court) judgment to the facts of the present case, paragraphs 15 and 23 of the aforesaid judgment (which contained critical comments about the district court judge) shall stand expunged.”
In December 2023, the Delhi High Court had passed a judgment where it criticized the district judge for summoning senior Delhi Police officials unnecessarily, even after being told not to.
The Court had also taken issue with the fact that the district judge issued a non-bailable warrant when the Deputy Commissioner of Police (Crime) failed to appear in court on a particular date.
In that 2023 ruling, the Court said:
“The directions of the Judge to direct the personal presence of IO/SHO/ACP/DCP in the present case was completely uncalled for and unwarranted. Further, the directions to issue bailable warrants against the DCP (Crime) was also completely unjustified and without any authority of law.”
It also instructed that a copy of this ruling should be sent to the High Court’s Inspection Committee. However, the judicial officer submitted an application requesting the deletion of those remarks and the direction regarding the Inspection Committee.
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He said that these actions would impact his Annual Confidential Report (ACR) and hurt his judicial career.
Responding to this application, the Delhi High Court, on July 4, agreed to remove the remarks and officially took out the two paragraphs from its previous judgment.
The Court said:
“Counsel for the applicant submits that he would be satisfied if paragraphs 15 and 23 of the aforesaid judgment are expunged … paragraphs 15 and 23 of the aforesaid judgment shall stand expunged. The application stands disposed of.”
This case highlights an important aspect of the judiciary—while holding lower courts accountable, higher courts must also act responsibly and avoid making strong remarks unless absolutely necessary. Such comments can seriously affect a judicial officer’s performance record and reputation.
In the matter, the State was represented by Additional Standing Counsel Sanjeev Bhandari, along with advocates Sushant Bali, Arjit Sharma, and Nikunj Bindal. The judicial officer was represented by advocates Sagar Suri and Kabir Sagar Ghosh.
Case Title:
State (NCT of Delhi) through Deputy Commissioner of Police, Delhi v. Shadab.
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