Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Reputation of a person Non-impleadment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSTITUTION OF INDIA, 1950: Art. 21 - Reputation of a person is a noble asset - When it is hurt, man is half dead - It is very dear to life and deserves protection u/Art. 21 - In courts, it must be safely guarded - When a court deals with a matter that has something likely to affect a person's reputation, the normative principles of law are to be cautiously and carefully adhered to - A person who is not a party in a case, his conduct cannot be commented upon - If he asks for expunction of remarks, same should not be denied. PARTY: Non-impleadment - Disparaging remarks against a person not party in a case - Held: When a person is not a party in a case and it is not necessary to decide his conduct in that case then no adverse remark should be made against him - In the instant case, the appellant was CM of the State of Haryana - On the basis of complaint from a person in crowd in public meeting, he suspended first respondent from service - In a writ petition by first respondent challenging his suspension, High Court dropped the charges and further, criticized the action of the appellant and held that there has been arbitrary exercise of power which was amenable to judicial review - The writ petition could have been decided without making series of comments on the appellant, who, at the relevant time, was the Chief Minister - The observations made by High Court were really not necessary as an integral part for the decision of the case - Therefore, adverse remarks are expunged - Doctrine of audi alteram partem. JUDGES: Role of Judges and judicial approach - Held: Judges must not unduly criticize conduct of parties and others - They should not be guided by any kind of notion - They must realize that they are not infallible and their unjust criticism may do harm - Judges must show judicial restraint - They must not do anything which blindens thinking process - They must show humility and chastity of thought which are bed rock of a Civilized Society - Judicial restraint. JUDGMENT/ORDER: Reasoned judgment - Held: A judgment may have rhetoric but the said rhetoric has to be dressed with reason and must be in accordance with the legal principles, otherwise a mere rhetoric in a judgment, may likely to cause prejudice to a person and courts are not expected to give any kind of prejudicial remarks against a person, especially so, when he is not a party before it. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 73 |
Petitioner | Om Prakash Chautala |
Respondent | Kanwar Bhan And Others |
SCR | [2014] 1 S.C.R. 939 |
Judgement Date | 2014-01-31 |
Case Number | 1785 |
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