The Supreme Court held that the Negative comments regarding public officials should only be made when it is absolutely necessary.

The matter was heard before the division bench of Justices Abhay S. Oka and Sanjay Karol

It observed - "Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve."

In the said matter, Writ Petition was filed by Shikha Trading Company against the illegal sealing of its shop by the officers of the Department of Excise and Taxation, Punjab.

Allowing it, the High Court, observed that Rishi Pal Singh, an officer of the State posted as Assistant Excise Taxation Commissioner (AETC Ludhiana-I) had filed an affidavit taking a false defence. Hence it directed to initiate criminal proceedings against him with the registration of FIR.

The bench observed that, this officer was neither made party to the dispute, nor was he given an opportunity to show cause. 

Referring to earlier judgments, of State of UP v. Mohammad Naim AIR 1964 SC 703, the court observed:

''Remarks adverse in nature, should not be passed in ordinary circumstances, or unless absolutely necessary which is further qualified by, being necessary for proper adjudication of the case at hand.''

Such remarks, “due to the great power vested in our robes, have the ability to jeopardize and compromise independence of judges”; and may “deter officers and various personnel in carrying out their duty”. It further flows therefrom that “adverse remarks, of serious nature, upon the character and/ or professional competence of a person should not be passed lightly”.

The bench observed that the directions issued by the High Court in registration of criminal investigation against an officer, is against the above-referred settled principles of law, having a demoralizing effect on the well-meaning officers of the State. Thus the same were expunged.

Case Title : State of Punjab vs Shika Trading Co.