Oudh Bar Association Urges CJI to Expunge Adverse Remarks Against Allahabad High Court Judge

The Oudh Bar Association has written to the Chief Justice of India, Surya Kant, expressing concern over critical observations made by the Supreme Court of India against a sitting judge of the Allahabad High Court.

Background of the Issue
The controversy stems from a recent Supreme Court judgment delivered by a Bench comprising Justices JB Pardiwala and KV Viswanathan. The Bench set aside a bail order passed by Justice Pankaj Bhatia in a dowry death case.

While overturning the bail order, the Supreme Court reportedly used strong language to criticise the High Court’s reasoning, describing the order in highly disapproving terms.

Representation to the Chief Justice
In its representation, the Oudh Bar Association has urged the Chief Justice to consider expunging the adverse remarks. The Bar body has expressed the view that such comments, particularly when framed in strong or personal language, may have a demoralising effect on members of the judiciary.

The Association has further requested that guidance be issued encouraging restraint in appellate judgments when commenting on the functioning of lower court judges. According to the Bar, criticism should remain confined to the legal reasoning of a judgment rather than extending to observations that may affect a judge’s professional standing.

Concern Over Judicial Morale
The letter also highlights the demanding conditions under which High Court judges function, including heavy caseloads and mounting backlogs. It suggests that strongly worded observations from appellate courts could undermine judicial confidence and independence.

Reports indicate that following the Supreme Court’s remarks, Justice Pankaj Bhatia expressed unwillingness to continue hearing bail matters and requested that such cases not be assigned to him.

Larger Implications
The development has sparked discussion within the legal fraternity about the balance between appellate scrutiny and institutional comity. While higher courts retain the authority to correct errors, the tone and framing of judicial criticism remain sensitive issues that directly impact morale and the broader perception of judicial independence.

Discription: The Oudh Bar Association has approached Chief Justice of India Surya Kant seeking expunction of adverse remarks made by the Supreme Court of India against a judge of the Allahabad High Court. The issue arose after a Bench of Justices JB Pardiwala and KV Viswanathan set aside a bail order passed by Justice Pankaj Bhatia in a dowry death case, making strong observations on the High Court’s reasoning. In its letter, the Bar Association argued that such remarks may adversely affect judicial morale and independence. It urged restraint in appellate criticism and requested that observations impacting a judge’s professional standing be reconsidered, stressing the need to preserve institutional balance and confidence within the judiciary.