SC bats for a clean judicial system, confirms the dismissal of the district judge

NEW DELHI: Holding that a judicial officer has no right to hold a position if his conduct raises questions about his integrity, on Tuesday he confirmed the mandatory retirement of an additional district and a session judge, who had mistakenly acquitted a person in a criminal case and surveillance The investigation found its conduct not above the board.

A bank of Ashok Bhushan and Navin Sinha said that judges must fight for the highest standards of integrity in both their professional and personal lives and that no commitment to those values ​​can be tolerated.

“A person who enters the judicial service certainly has professional aspirations, including promotions. A mandatory retirement order undoubtedly affects professional aspirations. That said, we must also note that the judicial service is not like any other service. A person who performs judicial functions acts on behalf of the state in the performance of its sovereign functions. The dispensation of justice is not only an onerous duty, but it has been considered similar to the fulfillment of a pious duty and, therefore, it is a very serious matter, ”said the bank.

The court dismissed the plea of ​​the judge who challenged his mandatory withdrawal and said that a good faith error made by a judge may need correction and advice, but when the conduct creates a perception beyond normal, it cannot be counteracted. For a trained legal mind, a court order speaks for itself, he said.

“The standards of probity, conduct and integrity that may be relevant to the fulfillment of the duties of a professional in another job may not be the same for a judicial officer. A judge holds the position of a public trust. Impeccable integrity, impeccable independence with moral values ​​embodied in the nucleus are absolute imperatives that do not accept compromises. A judge is the pillar of the entire justice system and the public has the right to demand virtually irreproachable conduct from anyone who performs a judicial function, ”said the court.

It should be borne in mind that a person has the first exposure to the justice delivery system at the level of the subordinate judiciary and, therefore, a sense of injustice can have serious repercussions not only on that individual but can have consequences on the society too. Therefore, it is absolutely necessary that the ordinary litigant must have complete faith at this level and no impression can be given to a litigant who can even create a perception of the contrary, since the consequences can be very damaging, the court said .