Srinagar, 28 Dec: Single Bench of Jammu and Kashmir High Court directed Courts not to pass strictures and disparaging remarks against the Government officials:According to CNS, in 2017 while dismissing the Complainant of Food Department Judicial Magistrate Pattan held that the complaint has been filed beyond the prescribed period of limitation and as such, the same is not maintainable. Accordingly, the complaint was dismissed and the accused /respondents were acquitted, Besides that Judicial Magistrate Pattan has also passed Some adverse Remarks against Govt officials and Standing Counsel and has also imposed One Lac Fine on Complainant department.Accordingly the department has challenged the Order Passed by Judicial Magistrate Pattan before the Hon’ble High Court Srinagar Wing.Single Bench of Hon’ble High Court of Jammu and Kashmir While Setting aside order Passed by Judicial Magistrate Pattan in Food Safety officer Vs Abdul Ahad Bhuroo in its thirteen Pages Judgment said that Courts should avoid passing strictures and disparaging remarks against the Government officials particularly when they are not before the court and when they have not been afforded an Opportunity of explaining or defending themselves.Hon’ble High Court Said that The adverse remarks/observations can be made by the courts only where it is absolutely necessary for disposal of a case and when there is material on record to suggest complicity of the officers.Hon’ble High Court said that Negative Remarks passed by the Ld. Magistrate were not at all necessary for the decision of the case. It seems that the Ld. Magistrate has, on the basis of the pre-conceived notions, proceeded to pass adverse remarks against the petitioners without there being anything on record to support the same.The Ld. Judicial Magistrate in doing so has crossed the limits of sobriety and moderation which is expected of a judicial officer. Making of sweeping remarks relating to corruption and inefficiency against government officials without any basis, tends to lower down the morale and confidence of these officials which in turn has an adverse impact on functioning of the investigating and prosecuting agencies. The courts are well advised to avoid making such remarks while passing their orders/judgments.Accordingly the Hon’ble High Court has allowed the Petition Filed by Food Safety officer, impugned judgment /order against the petitioners by Judicial Magistrate Pattan has been set aside.(CNS)
