The Oudh Bar Association has written to the Chief Justice of India (CJI) Surya Kant, raising concerns over stigmatic and demoralising remarks made by the Supreme Court against Allahabad High Court judges.
In particular, the association has sought the removal of critical remarks made by the Supreme Court against the Allahabad High Court, while overturning a bail order in a dowry death case. The top court had termed the High Court order “one of the most shocking and disappointing” orders it had come across.
The Allahabad High Court judge who passed the order later recused from hearing the bail plea altogether, after disclosing that he was demoralised by the Supreme Court's comments on his earlier order.
In a letter dated February 18, the Oudh Bar Association has now requested CJI Kant to advise judges of the Supreme Court to refrain from making such adverse personal remarks against High Court judges.
The association stated that while appellate courts have the power to review and overturn orders, comments questioning a judge’s ability can affect the way the judiciary functions. It added that such remarks go beyond a single case and can have a broader impact on the court as a whole.
"The remarks by Supreme Court sitting in appellate or extra ordinary jurisdiction on the order or judgement passed by judges of High Court if stigmatic has chilling effect on the working capacity of a particular judge whose justice delivery capacity is unquestionably appreciated by the members of the Court Annexed Bar at large," said the letter.
The association also highlighted the heavy workload at the Allahabad High Court, which operates from both Lucknow and Prayagraj, noting that it currently has fewer judges than its sanctioned strength.
It said the rising number of pending cases puts additional pressure on judges. Remarks made in appellate proceedings could further affect their ability to perform their judicial duties, the letter added.
"Our judicial system moves on the parallel wheels propelled by the unwavering faith of the litigants strong enough in their belief of getting justice through impartial system manned by judges with maximum output working under already stressed mounting pressure of ever increasing pendency of cases wherein judges of high courts sometimes unfortunately made to feel the impact of unexpected remarks made by the Apex Court on judicial side in its appellate jurisdiction which is felt to be demoralising effect on their judicial mind adverse to the capacity as a judge in the dispensation of justice," stated the letter.
The letter concludes by requesting that the remarks made in the Supreme Court's February 9 judgment in the bail matter be reviewed and expunged to maintain judicial functioning and independence.
The letter was signed by President of the Oudh Bar Association S Chandra, and General Secretary of the Oudh Bar Association, Lalichwan (Lalit Kishore Tiwari).
The Supreme Court ruling that prompted the letter was passed in the case of Chetram Verma v. State of UP, where a Bench of Justices JB Pardiwala and KV Viswanathan set aside a bail order by the Allahabad High Court in a dowry death case.
The criminal case arose from an FIR filed on a complaint of the father of a 22-year-old woman who died within three months of marriage, with the post-mortem citing asphyxia due to strangulation.
The High Court had granted bail, noting the accused’s prior custody and clean record.
The Supreme Court, however, found that the seriousness of the offence and a statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 were ignored by the High Court.
It, therefore, set aside the bail, while also criticising the High Court's order.
Following the Supreme Court’s criticism, Justice Pankaj Bhatia of the Allahabad High Court recused himself from hearing a bail matter and requested that bail cases not be assigned to him in future, stating that certain observations had a demoralising and chilling effect on him.
[Read Letter]