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HindustanTimes Wed,22 Oct 2014

SC raps HC over comments against Narendra Modi

PTI  New Delhi, January 02, 2013
First Published: 20:05 IST(2/1/2013) | Last Updated: 20:10 IST(2/1/2013)

Judges must not use strong and carping language and pass derogatory remarks against anyone, the Supreme Court said on Wednesday and asked them to act with sobriety and restraint.

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"Judges must not use strong and carping language, rather they must act with sobriety, moderation and restraint, as any harsh and disparaging strictures passed by them, against any person may be mistaken or unjustified, and in such an eventuality, they do more harm and mischief, than good, therefore resulting in injustice," the apex court said.

A bench of justices BS Chauhan and FM Ibrahim Kalifulla made the observation while objecting to the remarks made by the Gujarat high court against Narendra Modi even as it upheld the high court's ruling that approved of the appointment of Justice (retd) RA Mehta as state Lokayukta.

The bench said the high court, which had said that Modi had created a mini-Constitutional crisis on appointment of Lokayukta, should have maintained restraint and should not have made such remarks against a constitutional authority.

"We are of the view that the judge, even if he did not approve of the 'my-way or the high way' attitude adopted by the CM, ought to have maintained a calm disposition and should not have used such harsh language against a Constitutional authority, i.e. the chief minister," the bench said.

"The courts should not make any undeserving or derogatory remarks against any person, unless the same are necessary for the purpose of deciding the issue involved in a given case. Even where criticism is justified, the court must not use intemperate language and must maintain judicial decorum at all times, keeping in view always, the fact that the person making such comments, is also fallible," it said.


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