Judge turns mirror on HC; takes a dig at his colleague
TNN | Oct 3, 2017, 00:03 IST
Chennai: Taking a dig at a judge who referred a case to a larger bench who later penned the judgment as part of the bench, Justice C T Selvam of the Madras high court has wondered whether such a verdict delivered by one who had made the reference would be proper, even if it may be right.
"We find judges making references on decisions they are not in agreement with, and then adorning the larger benches sitting upon the reference. If this is not bad enough, we find the judgment on the reference delivered by the one making the reference. The decisions might even be right, but is it proper," said Justice Selvam. "It is for the individual judges making the reference to recuse themselves when by an administrative slip they are called to join the bench answering the same," he added.
The issue pertains to a decision of a single judge dated August 27, 2016 holding that petitions seeking directions to register cases under Section 482 of CrCPC were not maintainable.
As for disposal of criminal cases at the admission stage itself, Justice Selvam said, "While huge pendency of cases would justify a push for early disposal, it would not justify a rush therefore as this institution can ill-afford to sacrifice quality at the alter of quantity. Many a senior counsel has expressed misgivings over criminal appeals being dismissed at the stage of admission. Many inform that petitions seeking suspension of sentence pending appeal are not even taken up for consideration."
TNN | Oct 3, 2017, 00:03 IST
Chennai: Taking a dig at a judge who referred a case to a larger bench who later penned the judgment as part of the bench, Justice C T Selvam of the Madras high court has wondered whether such a verdict delivered by one who had made the reference would be proper, even if it may be right.
"We find judges making references on decisions they are not in agreement with, and then adorning the larger benches sitting upon the reference. If this is not bad enough, we find the judgment on the reference delivered by the one making the reference. The decisions might even be right, but is it proper," said Justice Selvam. "It is for the individual judges making the reference to recuse themselves when by an administrative slip they are called to join the bench answering the same," he added.
The issue pertains to a decision of a single judge dated August 27, 2016 holding that petitions seeking directions to register cases under Section 482 of CrCPC were not maintainable.
As for disposal of criminal cases at the admission stage itself, Justice Selvam said, "While huge pendency of cases would justify a push for early disposal, it would not justify a rush therefore as this institution can ill-afford to sacrifice quality at the alter of quantity. Many a senior counsel has expressed misgivings over criminal appeals being dismissed at the stage of admission. Many inform that petitions seeking suspension of sentence pending appeal are not even taken up for consideration."
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