Judicial Discipline

Judicial discipline - A coordinate Bench cannot take a contrary view and in event there was any doubt, a coordinate Bench only can refer the matter for consideration by a Larger Bench -  The judicial discipline ordains so - Learned Single Judge did not follow the judicial discipline while taking a contrary and diagonally opposite view to one which have been taken by another learned Single Judge - The contrary view taken by learned Single Judge in the impugned judgment is not only erroneous but also sends wrong signals to the State and the prosecution emboldening them to act in breach of liberty of a person. 

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Comments: 3
  • #1

    G V Desai (Monday, 22 June 2020 02:51)

    When a judge ignores binding precedent he is also guilty of contempt of court as ruled by the Honorable Supreme Court in a decision reported IN AIR 1972 Supreme Court 2466... even Highcourt Judges could be punished for contempt as ruled in the case pertaining to justice Karnan though in a different context... even the judicial officers of the lowest rank are not caring for precedents and the high courts are not taking action against them though the advocates complain this results in unpredictability of judgements and advocates virtually become priests in a temple

  • #2

    Balaji Rajaram Vasanaperumal (Thursday, 25 June 2020 06:12)

    Being a advocate I would like to download

  • #3

    Valentine Thakkar (Thursday, 23 July 2020 09:11)

    WHO has confirmed that the virus is air borne and can survive in the air for 8 hours. Once physical representation is allowed, it would be difficult to control the crowd. When the infection is in the early stage, it is not detected even by the gun and we have no sophisticated equipment to ensure 100% check up. The infected advocate or the litigants may leave the virus in the air by sneezing or coughing and any person with weak immunity comes into contact, he may become the victim. Infected persons can move around without knowing that they are infected because noticeable symptoms come after 10-14 days. By that time he might have infected many.

    The problem of lawyers is indeed serious but can we afford to put even a single advocate or judge, staff to the danger of death? The treatment for survival is known to all. Can any lawyer who is fighting for bread and butter afford the treatment?

    In offices and other services there are restrictions introduced. Lawyers are not employees and are not reporting to anyone. It is difficult to impose discipline and restrictions on lawyers and litigants.

    Even in one allotted room it may so happen that a slip takes place and it becomes infectitious.

    Urgent matters are allowed, e-filing is possible. High Court is not bent on abolishing lawyers' profession. They have to see the larger interest. The storm will pass away. Things will certainly improve.

    Lawyers' plight is great but being lawyers, we have to be patient, show resilience and wait for things to smoothen out. God is great, He will take care of all our troubles.

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