Supreme Court raps HCs on knuckles
The apex court cautions the high courts and subordinate courts from making "unnecessary" and "sweeping" observations without any base.delhi Updated: Jun 25, 2007 18:52 IST
The Supreme Court has cautioned the high courts and subordinate courts from making "unnecessary" and "sweeping" observations without any foundation.
"This court has repeatedly held that observations which are really unnecessary for disposal of a case should not be made," the apex court said while directing for deletion of certain observations and criticisms made by the Allahabad High Court against the Uttar Pradesh Government and its officials.
The state government was aggrieved by adverse observations of the high court on the law and order situation in Uttar Pradesh which were passed during the adjudication of a bail application in a kidnapping case of a girl.
"A bare reading of the high court's order shows that general and sweeping observations were made without indicating any basis thereof".
"When there was no allegation by anybody about any lapse in the investigation and the high court's judgement did not indicate any infirmity in the investigation, there was no necessity for casting aspersions on the bona fides of the police officials," a Bench comprising Justices Arijit Pasayat and PP Naolekar said.
The state government had contended that the general and sweeping observation by the court was uncalled for and was without any foundation.
The high court had observed that the state government had failed to check the crime situation and it was warned to take serious action against criminals and to control crime situation expeditiously.
The apex court found that there was no allegation of improper investigation but the high court started monitoring it and criticised the police administration.