Shilpi Nama
On 11th July, 2025, the Delhi High Court has expunged critical observations made in its December 2023 judgment against a district judge. Earlier, the judge came under scrutiny for summoning senior officials of the Delhi Police and issuing a non-bailable warrant (NBW) against one of them. This action was taken during proceedings in July and August 2023.
The matter reached the High Court after Delhi Police challenged the district judge’s conduct. Justice Amit Bansal heard the application. In its 2023 ruling, the High Court remarked that the judge had violated principles of judicial discipline by insisting on the personal attendance of senior police officials. It noted,
“The directions of the Judge to direct the personal presence of IO/SHO/ACP/DCP in the present case was completely uncalled for and unwarranted.”
The Court went on to strongly criticize the issuance of a non-bailable warrant against the Deputy Commissioner of Police (Crime), describing the action as “completely unjustified and without any authority of law.” It observed that such a step lacked legal foundation and was an excessive exercise of judicial power, especially in the absence of compelling reasons to justify such coercive action.
The High Court had also previously ordered that its December 2023 judgment be referred to the Court’s Inspection Committee. This was intended to facilitate a closer examination of the district judge’s conduct, particularly in relation to the orders summoning senior police officials and issuing a non-bailable warrant. Concerned about the potential career consequences, the judicial officer subsequently filed an application requesting the removal of the adverse observations. He specifically pointed out that the remarks could negatively affect his Annual Confidential Report (ACR) and future prospects.
While deciding the matter, placed reliance on a Supreme Court judgment that urged higher courts to exercise caution and judicial restraint when commenting on the conduct of subordinate judicial officers. The Supreme Court had cautioned that such comments might unfairly prejudice an officer’s career trajectory.
In light of this precedent, Justice Bansal agreed to delete the critical portions. He ordered that paragraphs 15 and 23 of the 2023 judgment be removed. The Court stated:
“Applying the ratio of the aforesaid (Supreme Court) judgment to the facts of the present case, paragraphs 15 and 23 of the aforesaid judgment… shall stand expunged.”
The Court disposed of the application on July 4, noting that the counsel for the applicant was satisfied with the redaction of those two specific paragraphs. The High Court also withdrew its earlier direction to refer the matter to the Inspection Committee.
Case Name: State (NCT of Delhi) through Deputy Commissioner of Police, Delhi v. Shadab
Case Number: CRL.M.A. 10997/2025
Bench: Justice Amit Bansal
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