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.