SC: Judge sitting in coordinate/larger bench has no business to make uncharitable remark on any other judgement

The Hon’ble Supreme Court, on 19th June 2020, in the matter of S. Kasi v. State through the Inspector of Police Samaynallur Police Station Madurai District pronounced that in any case, a Judge sitting in a coordinate Bench or a Larger Bench has no business to make any adverse comment or uncharitable remark on any other judgment.

The Hon’ble Supreme Court observed that:

A coordinate Bench cannot take a contrary view and in event there was any doubt, a coordinate Bench only can refer the matter for consideration by a Larger Bench. (Para 31)

All Courts including the High Courts and the Supreme Court have to follow a principle of Comity of Courts. A Bench whether coordinate or Larger, has to refrain from making any uncharitable observation on a decision even though delivered by a Bench of a lesser coram. A Bench sitting in a Larger coram may be right in overturning a judgment on a question of law, which jurisdiction a Judge sitting in a coordinate Bench does not have. In any case, a Judge sitting in a coordinate Bench or a Larger Bench has no business to make any adverse comment or uncharitable remark on any other judgment. (Para 33)

Copy of judgement: Judgement_19-Jun-2020

-Adv. Tushar Kaushik

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