Court’s Comments Should Be Based On Principles, Impartiality, and Restraint: SC

During a recent hearing of a case, the Supreme Court emphasized that courts should refrain from making adverse comments against government officials unless absolutely necessary.

A bench comprising Justice Abhay S. Oka and Justice Sanjay Kaul stated that any remarks made by the court should always be based on principles of justice, impartiality, and restraint. Not only that, but the choice of words should also exhibit seriousness and restraint.

The Supreme Court made the above remarks during the hearing of a case involving the sealing of a private company’s shop by officials of the excise and taxation department in Punjab. The company had filed a petition in the Punjab and Haryana High Court, challenging the action taken against it.

Furthermore, the High Court directed the initiation of criminal proceedings against the Assistant Commissioner of the department, Rishipal Singh, for submitting a false affidavit and fabricating evidence. However, during the hearing in the Supreme Court, it was found that the concerned officer was neither a party in the case nor had he been issued a notice explaining the reasons for his involvement.

The Supreme Court further stated that unnecessary comments have the potential to endanger the independence of judges due to the power vested in their robes and can compromise their ability to uphold duty.