DJ has no right to comment on judicial officer’s knowledge: HC | Lucknow News

LUCKNOW: The Lucknow bench of Allahabad high court has said in a recent judgment that a district and sessions judge does not have right to make comment on a judicial officer about his or her dexterity, knowledge or manner of dealing with a case during trial proceedings. However, it is always open to him to inform the administrative judge or the high court’s chief justice about such shortcomings in a judicial officer for action.
Holding this, a bench of Justice Alok Mathur deleted certain observations made by the district and sessions judge, Hardoi, against additional chief judicial magistrate (ACJM), court number one, Hardoi, Alka Pandey. The HC passed the order on the petition filed by ACJM challenging observations made by the district and sessions judge, Hardoi against her on October 19, 2019, while deciding a criminal appeal preferred against the judgment and order passed by her on August 17, 2019.
The ACJM on August 17, 2019, decided a trial recording conviction of the accused under sections 406 and 411 of IPC and sentenced him to imprisonment of two years and also imposed a fine of Rs 5,000. The convict challenged the ACJM’s judgment in appeal before the district and session judge, Hardoi. He allowed the appeal with observations against the ACJM that she had not written the judgment of August 17, 2019, as was expected from a judicial officer and that improvement in writing was expected from her.
“The comment starkly reflects upon the persona of the judicial officer and while deciding the said appeal the sessions judge was expected to judge the case which was before him, but he had no jurisdiction to judge the judicial officer who was the author of the judgment,” the court said. “The district and sessions judge has administrative control over judicial officer subordinate to him, but administrative control cannot be equated to power of superintendence which is vested only with the high courts,” added Justice Mathur.

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