Supreme Court Statement on 'Mistakes of Judiciary'

“It is necessary that constitutional courts recognise errors that may have crept into their judicial orders and rectify the same”

— Supreme Court of India

Justices Sanjay Kumar and Arvind Kumar

23/09/2024

Read this Quote in Bengali

Sourse : The Indian express

The Supreme Court has said that even judges of higher judiciary are fallible and “it is necessary that constitutional courts recognise errors that may have crept into their judicial orders and rectify the same”. A bench of Justices Sanjay Kumar and Aravind Kumar said this on September 23, while allowing an application by the Enforcement Directorate (ED) to recall its July 4, 2023, order.

Judges are also fallible, and courts should not shy away from accepting mistakes in their orders and rectify them even after a case has been closed.

“As pointed out by the Supreme Court in V.K. Jain v. High Court of Delhi through Registrar General and others, our legal system acknowledges the fallibility of Judges. Though this observation was made in the context of judges of the District Judiciary, it would be equally applicable to those in higher echelons of the judicial hierarchy. As courts of record, it is necessary that constitutional courts recognize errors that may have crept into their judicial orders and rectify the same when called upon to do so,” the court said on September 23.

Judges make mistakes too: Supreme Court

Only humans make mistakes. Judges are also sometimes wrong. This is what the Supreme Court once again remembered.

The highest court of the country revised its previous judgment and said, “it is necessary that constitutional courts recognise errors that may have crept into their judicial orders and rectify the same”

The Judiciary should never be averse to admitting mistakes and correcting them, and the spirit of accepting mistakes and opening the door to correction is one of the strengths of the Indian judiciary.

Just as the judgment of the Sessions Court can be amended at the appeal stage in the High Court or the judgment of the High Court is amended or changed many times in the Supreme Court, if the judgment of the Supreme Court is also amendable, it is the duty to amend it.

“It is this 'openness' that empowers the judiciary to become ever more integrated, transparent, fair. It is for this reason that there is also a provision for filing a review petition.”

On July 4 last year, a Supreme Court bench of Justice Krishna Murari and Justice Sanjay Kumar restrained the ED from taking action against 'Indiabulls Housing Finance' and its officials in a case of financial fraud related to recovery of loan amount. Not listening to the ED's statement while giving that direction was one of the mistakes of that bench. Another mistake was made by this bench. That is, the Supreme Court directed the disputing parties to approach the High Court, where the ED must refrain from taking any action until the case is settled.

However, in the legal framework of this country, like the Supreme Court, the High Court is a constitutional court and is independent. The Supreme Court can send the case there for hearing. But the High Court has the right to issue any interim order after the case goes to the High Court. No action can be taken or not, the Supreme Court cannot cross this barrier.

ED applied to the Supreme Court seeking revision of the order. A bench of Justices Sanjay Kumar and Justice Arvind Kumar on Wednesday freely admitted both types of mistakes after the hearing and said judges can also make mistakes. It is the duty to correct it. The non-action of the ED will continue until the case is registered in the High Court. After that the High Court will take the decision.

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