Assam NIA judge moves Supreme Court seeking deletion of 'disparaging' remarks in Gauhati High Court ruling

A judicial officer posted at one of special courts under the National Investigation Agency Act (NIA Act) in Assam has moved the Supreme Court seeking deletion of certain observations against him in a Gauhati High Court judgment which had overturned the judgment authored by him..A bench of Justices AS Bopanna and PS Narasimha sought the response of NIA to the plea which raised grievance against observations made against the petitioner-judge by the High Court while overturning the conviction handed down by him in a case under the Unlawful Activities Prevention Act (UAPA). .The High Court while acquitting the accused had noted that the NIA had failed to prove that the accused were engaged in criminal conspiracy.Further, it had held that Dima Halam Daogah (Jewel Garlosa), an organisation of which the accused were alleged to be members, was not conclusively proven to be a terrorist organisation..The petitioner contended that the following remarks by the High Court against him were objectionable:- attributing deep rooted bias (on the part of the petitioner-judge) in favour of the prosecution;- acting in a sheerly partisan bent of mind that by any means, the accused/ appellant Ahshringdaw Warisa had to be convicted;- virtually predetermined conclusion;- committing an act of rank judicial impropriety;- acting in an absolutely slipshod manner;- acting as a mute spectator without giving a second thought and by total non-application of mind to the actual evidence available on record..The petitioner submitted that the said remarks were not necessary for deciding the appeal."The remarks have deeply hurt the petitioner’s reputation before his colleagues, lawyers and litigants and is disturbing his peace of mind besides affecting him in discharging his judicial duties with calm and confidence. The remarks can also adversely affect the petitioner’s career in future," the petitioner submitted..Pertinently, the High Court had directed that a copy of the ruling be placed before the Assam State Judicial Academy 'for future references and guidance' so that cases with serious allegations do not meet the same fate on account of grave lapses by the trial court.