Thursday, October 27, 2011
The Division Bench of Gujarat High Court secures the dignity of the lower Judiciary
Quoting the Supreme Court's various directions, the Division Bench of Hon. Acting Chief Justice A L Dave and Hon. Justice J B Pardiwala of Gujarat High Court, recently advised the lower judiciary in a recent landmark order securing the dignity of our Judiciary that the judgment should be passed on merit of the case but "preferably without offering any undesirable comments, disparaging remarks or indications which would impinge upon the dignity and respect of judicial system, actus curiae neminem gravabit." The Latin term translated to English stands for "an act of the court shall prejudice no one". The principal civil judge Ramrakhyani had refused bail to two bootleggers earlier this year. Her order was challenged before the sessions court, where the superior judicial officer held her decision wrong and passed strictures against her. The sessions judge wrote in his order that Ramrakhyani had abdicated her duty and had not applied mind at all. Her order was dubbed as "cryptic and unreasonable" and deprecated. Moreover, she was accused of lacking "judicial courage". Therefore the principal civil judge and judicial magistrate first class (JMFC) of Wadhwan, Mr. N M Ramrakhyani requested Gujarat High Court in a special writ to expunge the remarks from the Surendranagar sessions court's order and wanted the judge to be fined for making her enter into the litigation. And The Gujarat high court has expunged adverse remarks against this petitioner judge who had moved the court complaining against a superior judicial officer's unwarranted observations about her in an impugned order.
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