SUPREME COURT: HC CAN'T SEEK EXPLANATION FROM JUDICIAL OFFICER FOR JUDICIAL ACTION

The Supreme Court in the case Ayub Khan v. The State of Rajasthan stated that the higher court cannot seek an explanation from a judicial officer for a decision made in a case, while expunging the adverse remarks made by the Rajasthan High Court against a District and Sessions Judge.

The Supreme Court stated that the explanation can be sought only on the administrative side.

The bench comprising of Justice Abhay S Oka and Justice Augustine George Masih was hearing the present matter.

In the present case, the bench was hearing the petition filed by a judicial officer who was aggrieved by certain adverse observations made by the Rajasthan High Court against him.

The High Court in the case observed that the judicial officer, while rejecting a bail application, did not incorporate the details of the criminal antecedents of the accused as mandated by an earlier judgment of the High Court.

The High Court observed that this amounted to 'indiscipline' and 'may also amount to contempt' and sought an explanation from him.