New Delhi:The Supreme Court has set aside a Madras High Court order, as the judge who delivered the verdict had retained the cases files for a period of five months after he demitted office, saying it “cannot support such acts of impropriety”.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said: "Lord Hewart said hundred years back that ‘justice must not only be done, but must also be seen to be done’. What has been done in this case is contrary to what Lord Hewart said."
“We cannot support such acts of impropriety and, therefore, in our view, the only option for this Court is to set aside the impugned judgment and remit the cases to the High Court for a fresh decision”, added the bench.
The apex court observed that the judge who delivered the order had retained the cases files for a period of five months after his retirement and a reasoned order in the case was published on the website of the high court after the elapse of this period.
“It is obvious that even after the judge demitted the office, he assigned reasons and made the judgment ready. According to us, retaining a file of a case for a period of 5 months after demitting the office is an act of gross impropriety on the part of the judge. We cannot countenance what has been done in this case”, said the bench, in an order passed on February 13.
The Madras High Court in the ruling under challenge had quashed a chargesheet and discharged some accused in a criminal case. The judge pronounced the operative portion of the order five weeks before his retirement, however the reasoned portion was not released when he demitted the office.
“The operative part was pronounced on 17th April, 2017. There were five weeks available for the learned Judge to release the reasoned judgment till the date on which he demitted office. However, the detailed judgment running into more than 250 pages has come out after a lapse of 5 months from the date on which the learned Judge demitted the office”, said the bench, adding that it is obvious that even after the judge demitted the office, he assigned reasons and made the judgment ready. The CBI moved the top court challenging the high court order.
The apex court declined to hear the case on merits and remitted the matter to the high court to be decided afresh. “Needless to add that we have made no adjudication on the merits of the controversy and all issues are left open to be decided by the High Court. If there are any subsequent events, the parties are free to bring it to the notice of the High Court in accordance with law. The appeals are accordingly partly allowed”, said the bench.
