Allahabad High Court Clarifies Proper Protocol for Referring to Retired Judges

Jahanvi Agarwal

On August 24, 2024,the Allahabad High Court addressed an important issue regarding the proper way to refer to retired High Court judges in official documents. The matter came up when Justice JJ Munir noticed that a government affidavit incorrectly labelled a former judge, creating confusion and breaching protocol.

In this case, the affidavit mentioned “Hon’ble Justice Shri JN Mittal” when it should have referred to “Justice AN Mittal”. Justice Munir expressed his disappointment over the mistake, emphasizing that it is disrespectful to misname a judge, especially in official documents.

The Court clarified that when referring to retired judges, the word “Retired” should not be attached directly to their names, as though it is part of their name. Instead, their title should remain “Mr. Justice [Name],” followed by “Retired Judge” or “Retired Judge of the High Court”. Justice Munir pointed out, “The word ‘Retired’ is not to be suffixed as if it were part of the judge’s name. A judge of the High Court, even after retirement, still carries the title ‘Mr. Justice…’ followed by ‘Retired Judge’. This common mistake needs to be corrected.”

Since this is a matter of protocol, the Court requested the Registrar (Protocol) to submit a report on the existing guidelines related to this issue. Justice Munir noted, “This is a fallacy, of which the Government must take note,” emphasizing the importance of maintaining respect and proper protocol when addressing retired judges.

The case highlights the significance of accurately following protocol in official documents to preserve the dignity and respect associated with the judiciary. The matter is set to be heard again on August 30, as the Court seeks to ensure that such mistakes are not repeated in the future.

Case Name: Lavkush Tiwari and 1486 Ors. vs. State of UP and Ors.

Case Number: Writ – A No.: 18956/2022

Bench: Justice JJ Munir

Click here to access the Order.