The Supreme Court recently set aside a Karnataka High Court order directing a Mysuru judge to attend judicial academy training in order to learn to apply her mind while exercising discretion to grant bail.
A bench of Justice AS Bopanna and Justice Pankaj Mithal also dismissed the observations made against the additional district and sessions judge as unjustified.
“Such observation and direction in our opinion is not justified. This Court has been repeatedly indicating that such orders should not be made without opportunity to the person concerned whose career and esteem will be affected,” the bench remarked.
The bench was hearing a plea filed by the judicial officer in question challenging the order’s observations and directions against her.
While cancelling the bail granted by the judge in a dowry death case, the High Court had observed that the trial court had failed to exercise judicial discretion and had passed perverse and capricious orders.
The High Court specifically ordered that the judge be sent to the Judicial Academy for training in applying judicious thought processes and exercising judicial discretion before granting bail in heinous crimes.
It was contended that such action was required in the interest of the institution, to protect the interests of justice seekers, and to teach the trial judge how to exercise judicial discretion.
These observations and directions have been quashed by the top court in the instant order.
In a similar order, concerning a judicial officer, the Supreme Court had in November 2022 observed that the practice of High Courts criticizing trial judges who grant bail makes judicial officers hesitant to grant bail.
It was also noted that this increases the workload of the High Courts and the Supreme Court.
