Exercise caution while passing strictures against officials : Delhi HC
By Team Legistify / 2017-07-27

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The Delhi High Court has cautioned the trial courts to exercise restraint while making adverse comments against an official or authority in judicial orders, saying an uncalled for stricture can be very damaging to the reputation of a person.

Justice Ashutosh Kumar told the lower courts that passing of strictures “should be resorted to with circumspection and caution” and restraint was necessary as the person commented upon is not on notice and is “condemned without being heard”.

“Any adverse comment on an officer or an authority, in a judicial pronouncement, can cause immense damage to the reputation of the concerned person.

“Strictures in a judgement or order are not uncommon and are taken as an adjunct of the judicial expression. Many a times while delivering judgement or writing an order it becomes necessary to adjudicate conduct of any person.

“A court of law has an inherent power to act upon and voice its conviction but as a general principle, it should be resorted to only with lot of circumspection and caution and definitely not under the circumstances when it is not necessary for the decision of the case.

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