When Lordships admit they crossed the line

If you as a litigant or government servant ever wondered why you got a raw deal from the courts, then here is the Supreme Court’s candid admission about the injustice inflicted through judicial frailties.

“Courts should avoid the temptation to become authoritarian,” said a Bench comprising Justices R V Raveendran and P Sathasivam as it listed out three common areas where the courts have generally gone overboard.

“We have been coming across several instances, where in their anxiety to do justice, courts have gone overboard, which results in injustice, rather than justice,” said Justice Raveendran, writing the judgment for the Bench in a land acquisition matter involving Tirunelveli district collector in Tamil Nadu. It listed the well-known instances where authoritarian practices by courts had led to hardship and prejudice to litigants and even those who were not parties in the case. They are passing adverse remarks against government officers or others who are not parties to the case, without giving an opportunity to them to show cause or justify their action; directing the state to recover losses or damages or costs from a particular officer, who is not a party, by holding him personally liable for some alleged act or omission, without giving him an opportunity to explain his position, conduct or action directing prosecution of parties and/or non-parties, in cases which merely warrant levy of costs or admonition.

The Bench said the power vested in the courts to order prosecution had to be exercised sparingly and in exceptional circumstances, either to maintain the majesty of law or to ensure that the guilty did not escape punishment.

“Ordering prosecution in a casual manner while reversing the decision of a single judge in a writ petition, without any investigation or inquiry either by itself or by an independent investigation agency, is to be deprecated. Criminal law cannot be set into motion against a litigant as a matter of course,” it said.
Source:- The Times of India 28 August 2009 Page 13 Delhi