The Hindu : Front Page : Avoid sweeping strictures, apex court tells high courts

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Friday, Jun 29, 2007
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Avoid sweeping strictures, apex court tells high courts

Legal Correspondent

New Delhi: The Supreme Court has cautioned the High Courts against making sweeping observations against State government officials or departments without foundation.

Repeatedly held

“This court has repeatedly held that observations which are really unnecessary for the disposal of a case should not be made,” said a Bench consisting of Justices Arijit Pasayat and P.P. Naolekar.

It was ordering deletion of certain observations and criticism made by the Allahabad High Court against the Uttar Pradesh Government and its police officials.

The Government was aggrieved by the adverse observations made by the court on the law and order situation while deciding a bail application in a kidnap case.

Proper investigation

The Government said although there was no allegation of improper investigation, the court started monitoring the case at different points of time and passed orders.

In the impugned order, it was stated “police officials are not doing proper investigation in many cases as they were engaged for other unimportant work.”

Appeal disposed of

Disposing of the Government’s appeal, the Bench said: “A bare reading of the High Court’s order shows that general and sweeping observations were made without indicating any basis thereof.

“When there was no allegation by anybody of any lapse in investigation and the judgment did not indicate any infirmity in the investigation, there was no necessity for casting aspersions on the bona fides of the police officials. They were really unnecessary.”

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