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august 2005

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.

SAMYA SETT vs SHAMBU SARKAR · Niyam