LI Network
Published on: December 27, 2023 at 06:58 IST
The Delhi High Court recently expunged directions issued by a Sessions Judge against certain police officials, emphasizing that negative remarks should be avoided unless necessary for case determination and after affording an opportunity for defense.
Justice Rajnish Bhatnagar asserted that judges must refrain from making disparaging comments unless the concerned party has the chance to explain or defend, and there is evidence justifying the remarks.
In the case at hand, the Court observed that scathing remarks and directions were issued in the absence of any material showing malafides on the part of the police officials. Even if a lapse occurred, the Court suggested it could have been addressed administratively rather than directing the Commissioner of Police to take disciplinary action.
The petition was filed by police officials involved in a raiding team obstructed by accused individuals. The accused, found in possession of illegal arms, faced charges under various sections.
The Sessions Judge, acquitting the accused, directed disciplinary action against the raiding team members, leading to the petition.
Justice Bhatnagar expressed concern that the Sessions Judge prejudged the actions of the investigating agency and police officials without providing an opportunity to be heard. The Court allowed the petition, expunging the Sessions Judge’s directions.
Case Title: Yogendra Kumar & Ors. v. State & Ors., W.P.(Crl) 816/2023
