No need for Supreme Court to comment on abilities of high court judges: CJI BR Gavai | India News

NEW DELHI: Chief Justice of India B R Gavai and Justice Surya Kant, who’s subsequent in line to succeed him, have disapproved of the tendency of judges of superior courts to comment on the information and talent of decrease court judges, and mentioned the Supreme Court and high courts are solely to right, modify impugned orders/judgments, or set them apart, in the event that they have been perverse.“The high courts are not subordinate to the SC as both are constitutional courts. SC can only rectify, modify or set aside the orders/judgments of HCs. The Constitution gives no authority to comment on the ability, capability or knowledge of individual judges of HCs,” the CJI advised TOI.Justice Kant agreed. “Superior court judges must discharge their role as friend, philosopher and guide for lower court judges. In the three-tiered justice delivery system, persuasion and guidance yields better results than criticism and castigation,” Justice Kant, who’ll take over from Gavai on Nov 24, advised TOI.

Remarks of the CJI in addition to Justice Kant assume significance within the wake of an SC bench of Justices J B Pardiwala and R Mahadevan criticising an Allahabad HC choose for passing “the worst and most erroneous order” and barring him from listening to prison instances. The bench Friday expunged its instructions for de-rostering the choose whereas requesting the HC chief justice to look into the matter.

Endorsing the imaginative and prescient encapsulated within the saying ‘a choose who has not dedicated a mistake is but to be born’, CJI B R Gavai advised TOI that the identical precept applies to HC judges, who ought to chorus from castigating judicial officers on the bottom of lack of potential, information or functionality whereas listening to appeals in opposition to impugned orders authored by them.“They must administratively convey how to improve and in which area. For that, HC CJs concerned have a significant role to play. The role of superior courts in imparting required training to lower court judges in various aspects of adjudication, acquiring knowledge in myriad fields of law and maintaining proper demeanour and decorum in the courtroom will shape the future of the justice delivery system and reinforce people’s faith in judiciary,” the CJI mentioned.Justice Kant mentioned HC judges and judicial officers come from varied social strata and convey with them a wealth of real-life experiences which will be harnessed, modulated and sharpened with authorized coaching to enrich the justice supply system to meet day-to-day challenges of open court listening to and deal with grievances of litigants. “On the judicial side, SC has no authority to dictate to HCs which of their judges would hear what types of cases or the manner in which cases are to be decided. It can only lead by example and guide them with its judgments. Allocation of cases to judges and their roster squarely falls in the exclusive domain of the HC CJ concerned,” Justice Kant mentioned. CJI Gavai mentioned, “Every constitutional court judge, be it in HCs or in SC, has the constitutional responsibility to do justice in each case, whether criminal or civil or any other field of law. Superior court judges have the onerous duty to maintain civility while passing orders or writing judgments.”