The division judge bench of Justice A.S. Bopanna and Justice Pankaj Mithal of the Apex Court in the case of Ashvini Vijay Shiriyannavar Vs The State of Karnataka & Ors. reiterated that the orders against the judicial officers should not be made without providing an opportunity to the person concerned whose career and esteem will be affected.
Brief facts:
The High Court while deciding on a criminal petition in which the question of cancelling the accused's bail had come up, the High Court made a few observations on the appellant's use of her discretion as a judicial officer.
The High Court came to the decision that the Registry had to obtain permission from the Hon’ble Chief Justice before posting the appellant-Judicial Officer to the Judicial Academy for training.
Observations of the Court:
The Hon’ble Apex Court observed that such decisions should not be taken without giving the individual whose career and reputation are at stake a chance to express themselves.
Based on this consideration, the Hon’ble Court set aside the observations made by the High Court.
The decision of the court:
With the above direction, the Hon’ble Court allowed the present appeal.
Case Title: Ashvini Vijay Shiriyannavar Vs The State of Karnataka & Ors
Coram: Hon’ble Mr. Justice A.S. Bopanna and Hon’ble Mr. Justice Pankaj Mithal
Case No.: Criminal Appeal No. 1616 OF 2023 (@ SLP (CRL) No.3029 of 2022)
Advocates for the Petitioner: Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Anirudh Sanganeria, AOR Mr. Samarth Kashyap, Adv.
Advocates for the Respondents: Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Mr. Naman Dwivedi, Adv. Mr. C Kranthi Kumar, Adv. Mr. Danish Saifi, Adv. Mr. Shubhranshu Padhi, AOR Mr. Vishal Banshal, Adv. Ms. Rajeshawari Shankar, Adv. Mr. Niroop Sukrithy, Adv. Mr. Jai Nirupam, Adv. Mr. Ashish Yadav, Adv.
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