Supreme Court sets aside High Court's remarks against trial judge

NEW DELHI: The Supreme Court has set aside a Kerala High Court order that strongly criticised a trial judge. The apex court also cancelled the direction asking the judge to undergo training at the Judicial Academy.

The Supreme Court said appellate courts should not display their authority over lower courts. Instead, they should guide trial courts through well-reasoned judgments.

A bench comprising Justices Sanjay Karol and Vipul M. Pancholi made the observation while hearing an appeal related to a civil case involving the execution of a will. The case concerned a judgment delivered by the Thrissur Principal Sub Judge. Instead of accepting the will in its original form, the trial court had ordered the division of the property among the parties.

While setting aside that order, the Kerala High Court had observed that the trial judge had failed to understand the case. It also described the judgment as an example of shortcomings in the judicial system and directed the judge to attend training at the Judicial Academy. However, the Supreme Court disagreed with those observations.

Appellate courts must guide, not intimidate
The Supreme Court observed that the High Court had made an error and had failed to discharge its duty properly. It said that appellate courts should function as a friend, philosopher, and guide to trial courts. The apex court noted that the High Court had not properly evaluated the evidence in its judgment and had failed to clearly explain the errors committed by the trial judge. It further said that courts should avoid making remarks that could damage the professional reputation of judicial officers, as such comments could weaken judicial independence. It also observed that the required judicial decorum was not maintained while dealing with a matter involving a judicial officer. The court directed the High Court to hear the appeals again and take a fresh decision after reconsidering the matter.