‘A judge should not perceive a situation in a generalised manner’, says SC

The highest judicial forum Supreme Court today said that a judge shout not perceive a situation in a generalised manner and ought not to wear spectacles so that he can see what he intends to
Supreme Court, Judge, Court, Apex Court Source: PTI
India TV News Desk New Delhi December 08, 2016 23:06 IST

The highest judicial forum Supreme Court today said that a judge shout not perceive a situation in a generalised manner and ought not to wear spectacles so that he can see what he intends to see.

The apex court did not appreciate the opinion expressed by Allahabad High Court in a case and said some opinions were general in nature and directions fall in the legislative domain.

"A judge should not perceive a situation in a generalised manner. He ought not to wear a pair of spectacles so that he can see what he intends to see. There has to be a set of facts to express an opinion and that too, within the parameters of law," a bench headed by Justice Dipak Misra said while setting aside the order of the Allahabad High Court.

The high court had passed a slew of "sweeping directions" regarding policing, investigation, filling of vacancies in police department and others in a case arising out of alleged forgery case.

The bench also comprising Justice Amitava Roy said it is convinced opinion that the high court has crossed the boundaries of the controversy that was before it.

"The courts are required to exercise power of judicial review regard being had to the controversy before it. There may be a laudable object in the mind but it must flow from the facts before it or there has to be a specific litigation before it.

"Additionally, the High Court should have reminded itself that it cannot enter into the domain where amendment to legislations and other regulations are necessary," it said.

The apex court said it is the duty of the state government to discharge its obligations in the matters relating to law and order and remain alert to the issues that emerge.

"It has a duty also to see that the investigations are speedily completed in an appropriate manner. If there is a failure of law-and-order situation, the executive is to be blamed. In the maintenance of law-and-order situation the judicial officers are not to be involved. But the executive has to remain absolutely alive to its duties and we are sure, the state government shall look into the aspects and endeavour to see that appropriate steps are taken to maintain the law and order situation," it said.

(With inputs from PTI)

 
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