Today, On 8th August, The Supreme Court raised concerns about a Delhi High Court rule that restricts judges’ authority to reprimand police officers. The Supreme Court noted that this rule seems to influence how trial courts should compose their judgments. The implication is that the rule may overstep in guiding judicial discretion.
New Delhi: The Supreme Court on Thursday criticized a rule set by the Delhi High Court that restricts trial courts from censuring police officers for their conduct during criminal investigations.
This rule outlined in Section 6 of Chapter I, Part H of the Delhi High Court’s
“Practice in the Trial of Criminal Cases.”
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The rule stipulates that,
“It is undesirable for courts to make remarks censuring the actions of police officers unless the remarks are strictly relevant to the case.”
A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih observed that this rule appears to prescribe how trial courts should draft their judgments, suggesting it should be abolished.
The Court stated,
“How can the High Court dictate how a judgment should be written? This is interfering with judicial officers. It has to go.”
The Supreme Court reviewing a plea from a Delhi judicial officer to remove adverse comments allegedly made against him by the Delhi High Court. These comments followed the officer’s criticism of the Delhi police in a judicial order.
An Additional Sessions Judge (ASJ) criticized police officers who were investigating an alleged theft of sarees from a shop. In his order, the ASJ not only censured the investigating officers but also directed the police commissioner to investigate their conduct.
However, the Delhi High Court objected to the ASJ’s strictures and annulled his directives to the police. After the High Court refused to retract its adverse remarks, the ASJ appealed to the Supreme Court.
The Supreme Court previously requested a response from the Delhi High Court on January 10 of this year.
During today’s proceedings, Additional Solicitor General (ASG) V Raju represented the Delhi High Court and mentioned he would seek instructions on possibly withdrawing and redrafting the contested rule. Advocate Sagar Suri represented the judicial officer.
The case scheduled to be heard again in four weeks.