Jammu and Kashmir High Court Expunges Unwarranted Remarks Against Assistant Public Prosecutor
Court Emphasizes the Need for Judicial Restraint in Passing Strictures Without Due Process
In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Sanjay Dhar, has expunged disparaging remarks made against an Assistant Public Prosecutor, Anu Charak, by the Juvenile Justice Board, Samba. The decision, dated September 22, 2025, underscores the judiciary's responsibility to exercise restraint and ensure due process before passing strictures against public officials.
The case arose from an incident on September 8, 2025, when the petitioner, Ms. Anu Charak, was unable to attend proceedings at the Juvenile Justice Board due to simultaneous commitments in another court. The Board had construed her absence as dereliction of duty and issued disparaging remarks, which were to be noted by the Deputy Director of Prosecution, Kathua-Samba.
The High Court, upon reviewing the facts, determined that the remarks were made without providing Ms. Charak an opportunity to explain her absence. The court cited established legal principles, emphasizing that adverse remarks should not be made lightly, as they can significantly impact an individual's character and career.
Justice Dhar referenced the Supreme Court's rulings in cases such as "State of Madhya Pradesh v. Narmada Bachao Andolan" and "State (Govt. of NCT Delhi) v. Pankaj Chaudhary," which stress the importance of due process and the potential repercussions of unwarranted judicial comments on officials' careers.
The High Court highlighted that the Juvenile Justice Board failed to ascertain the reasons behind Ms. Charak's absence before issuing its remarks. It further pointed out that the situation did not warrant such strictures, as the case could have been adjourned without severe consequences.
In its judgment, the High Court reiterated the need for courts to avoid passing strictures unless absolutely necessary for the case's resolution and after giving the concerned official a chance to defend themselves. The remarks against Ms. Charak were deemed unnecessary and uncalled for, leading to their expunction.
The court's order also directed the Deputy Director of Prosecution, Kathua-Samba, to refrain from taking any action based on the expunged remarks. This ruling reinforces the judiciary's role in upholding fairness and justice while maintaining the dignity of public servants.
Bottom Line:
Courts should avoid passing strictures and disparaging remarks against government officials unless absolutely necessary for the disposal of the case and after providing an opportunity to the concerned official to explain or defend their conduct.
Statutory provision(s): None explicitly mentioned in the judgment.
Anu Charak v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2784991
