Judicial Restraint Paramount: Delhi High Court Sets Aside Unwarranted Summoning of Police Officials by Sessions Judge

In a significant ruling emphasizing judicial restraint, the Delhi High Court has set aside orders issued by a Sessions Judge for summoning senior police officials and issuing bailable warrants in an NDPS case. The landmark judgment was delivered by Hon'ble Mr. Justice Amit Bansal on December 22, 2023.

In his judgment, Justice Bansal highlighted, "Every word forming part of a judicial order forms permanent record... Such criticism may have a devastating effect on the professional career of an officer." This statement came as part of the Court's critique of the Sessions Judge's approach, which had been deemed excessive and lacking in necessary restraint.

The case revolved around orders issued by a Sessions Judge in the context of an NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985) case. The Judge had summoned senior police officials, including the DCP (Crime), citing delays in obtaining reports from the Forensic Science Laboratory (FSL), an independent body not under police control.

Justice Bansal, in his ruling, stated, "Delay in obtaining FSL reports in a timely manner would not tantamount to negligence on behalf of the Police Authorities." He further stressed the independence of the FSL and its operations beyond the purview of police control.

The High Court's decision underscored the importance of judicial discretion and the need to avoid unwarranted strictures against police officials. The Court's observations are seen as a reinforcement of the principles of judicial conduct and the boundaries of judicial authority.

The Court also noted the breach of judicial discipline by the Sessions Judge and directed the Inspection Committee of the Court to assess the Judge's conduct, considering the repeated non-compliance with earlier High Court directives.

Date of Decision: December 22, 2023

STATE (NCT OF DELHI) VS SHADAB