DELHI: Recently, in the matter of SANJAY KUMAR SAIN v. STATE OF NCT OF DELHI, Delhi High Court held that judiciary must exercise more control and caution while passing strictures against investigating authorities and police officers on their professional capabilities since it may impair a person’s confidence and have a negative impact on work and reputation.

The bench headed by Justice Swarana Kanta Sharma said that there’s a thin wall between adjudicatory liberty to point out the flaws in case investigation and the obligation to exhibit judicial restraint

 The Court observed,

“Though no restriction can be imposed upon judicial functioning except guidelines on judicial strictures and judicial precedents, since doing so will be against the independence of judiciary, however, a recipient of judicial stricture also cannot remain devoid of any remedies of redressed. It is the self regulation amongst the judges that maintains the institutional integrity of the judiciary,”

 The Court further added, “While there can be no doubt about the importance of judicial free speech, it being the hallmark of a free and fair judiciary, judicial self-restraint is an obligation that judiciary recognizes as created by and for themselves,”

 In the said matter, the court was hearing a plea filed by the DCP of North East Delhi challenging three orders passed by a session’s court making observations and remarks against him. The DCP also sought recall of the bailable warrants issued against him.

During the trial the court mentioned that Court was displeased due to the delay in trial and passed the impugned orders “without realizing that the cause behind the delay was not the DCP but the reasons beyond his control.”

“Learned Registrar General of this Court is directed to forward a copy of this judgment to all the District and Sessions Judges of Delhi who shall ensure the circulation of this judgment among all the Judicial Officers in their Courts for sensitization of Judicial Officers on this issue. A copy is also forwarded to Director (Academics), Delhi Judicial Academy for taking note of its contents” the court said.

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