The role of superior courts is like a friend, philosopher and guide of the judiciary subordinate to it. The judicial officers have to be treated with parental care and affection.
When we examine the facts of the instant case in the light of the judicial decisions spreading over a century, the following principles of law can be culled out:
(I) Erosion of credibility of judiciary in the public mind, for whatever reason, is the greatest threat to the independence of judiciary.(II) Judicial discipline and restraint are imperative for the orderly administration of justice.(III) Judicial decorum makes it imperative that the courts' judgments and orders must be confined to the facts and the legal position involved in the cases and the courts should not deviate from propriety, moderation and sobriety.(IV) Majesty of Court is not displayed solely in crackingthe whip on mistakes, inadvertent errors or lapses, but by persuasive reasoning so that the similar errors and mistakes are not repeated by the judicial officers.(V) Majesty of Court would be enhanced by practicing discipline and self-restraint in discharging of all judicial functions. All actions of a judge must be judicious in character.(VI) The role of superior courts is like a friend, philosopher and guide of the judiciary subordinate to it. The judicial officers have to be treated with parental care and affection.(VII) The approach of the superior courts ought to becorrectional and not to be intended to harm or ruining the judicial career of the officers.
