New Delhi: India’s Chief Justice Bra Gavai and Justice Surya Kant, who are in queue to succeed, have rejected the tendency of judges of the best courts to comment on the knowledge and ability of the lower court judges, and said that they were on one side to revision the Supreme Court and High Courts, they were separated, if they were separate, revised orders/judges. Were retrograde.The CJI told TOI, “High Courts are not under SC because both are constitutional courts. SC can only fix, modify or determine HC’s orders/decisions. The Constitution does not give any right to comment on the ability, capacity or knowledge of individual judges of HCS.”Justice Kant agreed. Justice Kant asked Gavai to take over on 24 November, “Superior court judges should discharge their role as guides for friends, philosophers and lower court judges. In three-level justice distribution system, merge and guidance gives better results than criticism and casting.”
CJI along with Justice Kant’s remarks, Justice JB Pardwala and R Mahadan assumes importance in view of a SC bench and an Allahabad HC Judge “the” worst and most wrong order “and preventing him from hearing of criminal cases. The bench on Friday expanded his instructions for de-feeding to the judge, requesting the Chief Justice of HC to look into the matter.
SC has no right to determine HCS roster: Justice Kant
Saying that ‘a judge has not made a mistake, she has not yet been born’, CJI Br Gavai told Toi that the same principle applies to HC judges, who should avoid lack of capacity, knowledge or ability to judicial authorities, while they have been appealed to hear written orders.“They should administratively explain how to improve and in which field. For this, HC CJ related to HC CJ has an important role. To read the role of better courts in imparting necessary training to the lower court judges in various aspects of the addition, to acquire knowledge in innumerable fields of law and to read the appropriate performance in the court to read to read.Justice Kant said that HC judges and judicial officers come from various social levels and bring with them a wealth of real-life experiences, which can be modified and intensified with legal training to enrich the justice distribution system to fulfill the complaints of day-to-day challenges and cases of open court hearing. “In the judicial side, SC has no right to determine HCS, which judges will listen to what kind of cases or what matters are to be decided. This can only lead for example and guide them with their decisions. Justice Kant said that the allocation of cases of judges and their roster falls in the exclusive domain of HC CJ. CJI Gawai said, “Every constitutional court judge, HCS or SC, has a constitutional responsibility to do justice in each case, whether criminal or civil or in any other field of law. Superior court judges have difficult duty to order or maintain citizenship while writing decisions.”
