Supreme Court of India · 2005-08-12
SAMYA SETT vs SHAMBU SARKAR
- Citation / case number
- SC 2004/9683
- Court
- Supreme Court of India
- Petitioner
- SAMYA SETT
- Respondent
- SHAMBU SARKAR
- Author
- R.C. LAHOTI,C.K. THAKKER,P.K. BALASUBRAMANYAN
- Bench
- CJI R.C. LAHOTI,C.K. THAKKER,P.K. BALASUBRAMANYAN
Judgment text excerpt
The Supreme Court addressed the issue of judicial remarks made by a High Court judge against a judicial officer, emphasizing the need for restraint and fairness in judicial pronouncements. The Court reiterated that judges must avoid sweeping generalizations and ensure that any disparaging remarks are justified by evidence and necessary for the case's decision. The Court held that the remarks made against the appellant were unwarranted and ordered their expungement, reinforcing the principle of judicial independence under Section 561-A of the Criminal Procedure Code.