Undermine Judicial Independence And Instill Fear Among Judges: Allahabad HC Bar Opposes Supreme Court’s Remarks On Judge’s Bail Record

Thank you for reading this post, don't forget to subscribe!

The Allahabad High Court Bar Association opposed remarks by the Supreme Court of India on a High Court judge’s bail orders in dowry death cases, with President Rakesh Pandey calling them inappropriate and harmful to judicial independence.

PRAYAGRAJ: The Allahabad High Court Bar Association has formally objected to reported remarks by the Supreme Court about a High Court judge who reportedly granted bail in the vast majority of dowry death cases. Bar Association President Rakesh Pandey called the apex court’s comments “inappropriate,” warning they could undermine judicial independence and instill fear among judges.

Background:

The dispute arose from media accounts that the Supreme Court questioned a High Court judge’s handling of dowry death cases, noting bail was awarded in 508 of 510 matters. The Bar Association contends that raw statistics about a judge’s decisions should not be used to impugn their integrity or judicial outlook.

ALSO READ: “Majesty of Law Lies in Forgiving”: Supreme Court Closes Contempt Case Against Lawyer, AOR Over Remarks on Telangana High Court Judge

Pandey stated,

“Some judges are strict while others are liberal,”

He added,

“If a judge rejects bail in 508 out of 510 cases, would that also be viewed with suspicion and invite similar remarks?”

The Bar Association warned that public criticism from a superior court could chill the functioning of High Court judges. Pandey stressed that the High Court frequently serves as the final forum for many litigants, since approaching the Supreme Court is financially and logistically unfeasible for a large number of people.

Key points the Association emphasized:

Impartiality: Questioning a judge’s lenient approach to bail may unintentionally push judges toward being more restrictive.

ALSO READ: Allahabad High Court Judge Demoralised? Oudh Bar Moves CJI Over Supreme Court’s “Shocking” Remarks in Dowry Death Bail Case

Public Impact: Pandey noted,

“This kind of commentary creates fear among judges. Ultimately, it is not the government but the public that suffers,”

Need for Introspection: The Association urged reflection on how such observations are expressed and reported, arguing that these remarks do not foster a healthy relationship between different tiers of the judiciary.

The Bar Association has called for careful reconsideration of the manner in which such comments are made and publicized, insisting that the autonomy of the High Court must be upheld to protect fair administration of justice.

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE