Judicial Process – Judicial Composure and Restraint – Judicial accountability and discipline are necessary to the orderly administration of justice.

The substantial question of law that was raised in this appeal was, as to what extent a High Court can exercise its powers in issuing directions on judicial side, relating to the procedure to be adopted in criminal trials. The Hon’ble Supreme Court, referring the observation in A. M. Mathur vs. Pramod Kumar Gupta (1990) 2 SCC 533, observed that judicial restraint and discipline are necessary to the orderly administration of justice. The duty of restraint and the humility of function has to be the constant theme for a Judge, for the said quality in decision-making is as much necessary for the Judges to command respect as to protect the independence of the judiciary.

Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary. Respect to those who come before the court as well to other co-ordinate branches of the State, the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge nor for the judicial process.

No person, however high, is above the law. No institution is exempt from accountability, including the judiciary. Accountability of the judiciary in respect of its judicial functions and orders is vouchsafed by provisions for appeal, revision and review of orders.

The Apex Court held that in view of law laid down by the Court, as discussed above, the High Court had clearly erred in law in treating the writ petition, which was filed for quashing of an FIR and had become infructuous, as a Public Interest Litigation, and issuing sweeping directions, without there being sufficient data and material before it to pass directions. There is no requirement u/s. 173 Code of Criminal Procedure for the Investigating Officer to produce the accused along with the charge-sheet. The High Court did not care to see that where there are several accused and only some of them could be arrested and remanded to judicial custody, and others are on bail, how all of them can be produced together by the police.