The Hindu : Karnataka News : Remarks against trial court judges expunged

Online edition of India's National Newspaper
Friday, Oct 29, 2004

Karnataka

Karnataka

Remarks against trial court judges expunged

By Our Staff Reporter

BANGALORE, OCT. 28. The Karnataka High Court has allowed petitions by two trial court judges and expunged the remarks made by a single judge against them.

In the first instance, Narendra Kumar Gunaki, District and Sessions Judge, Bangalore, had sentenced Siddapa of Shahabad in Gulbarga district to two years' rigorous imprisonment under the Indian Penal Code.

Siddappa had appealed to the High Court against the sentence. A single judge, on July 20, 2004, allowed the appeal and made adverse remarks against Mr. Gunaki.

The single judge had asked that a copy of the order be kept in the confidential records of Mr. Gunaki and that Mr. Gunaki be informed about the order.

Mr. Gunaki had petitioned the High Court against the remarks. A Division Bench comprising Justice A.M. Farooq and Justice V.G. Sabhahit allowed the petition and expunged the remarks against Mr. Gunaki.

In another case, the Principal District and Sessions Judge, Tumkur, Ramakrishna Bhat, had petitioned the High Court over the remarks made against him by a High Court judge.

When Mr. Bhat was the 15th Additional Sessions Judge of Bangalore in 1998, he had convicted Govindaraja of Mandya to six months' imprisonment under 489 (c) of the IPC for possession of counterfeit currency notes.

Govindaraja had appealed against the sentence. A single judge had, on September 9, 2004, allowed the appeal and passed remarks against Mr. Bhat.

Mr. Bhat had appealed to the High Court against the remarks. The Division Bench comprising Justice Farooq and Justice Sabhahit said the High Court could expunge remarks made by it in criminal proceedings or remarks made by a lower court.

They cited Supreme Court observations that criticism or remarks should be judicial in nature and should not formally depart from sobriety, moderation and reserve and the role of the High Court in controlling the subordinate judiciary was that of a friend, philosopher and guide.

It allowed the petition and expunged the adverse remarks.

Direction

Justice R. Gururajan on Wednesday directed Bangalore University to consider within two weeks the representations made by K.S. Gopalakrishna and two others on taking LLB examinations under the old syllabus.

In his petition, Mr. Gopalakrishna said he joined a three-year LLB course in 1984. However, he could not complete six of the 18 subjects.

He was not able to complete his studies as he was employed and his job entitled transfer.

He approached a city-based law college and sought permission to appear for the LLB examination under the old syllabus. However, his request was rejected on the ground that the university, in its notification of April 29, 2004, had laid down certain norms for three-year and five-year law courses.

Mr. Justice Gururajan disposed of the petition and directed the petitioner to give within two weeks a representation to the university. The university was asked to consider the representation.

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