Judges should use their powers responsibly: SC

A Bench headed by Chief Justice K G Balakrishnan asked Additional District and Sessions Judge R K Tiwari to approach the High Court within two weeks for expunction of adverse remarks against him.

However, the Bench expressed its strong disapproval and anguish at the growing tendency amongst the judicial officers to issue non-bailable warrants “irresponsibly” and using their powers for deriving “sadistic pleasure.”

“The practice of issuing non-bailable warrants (NBWs) indiscriminately is atrocious. It will have serious consequences. Don’t magistrates know the basics of criminal law and that judges have to be responsible? When we pass an order, we must be aware of its consequences. An NBW cannot be issued simply for seeking praise and drawing sadistic pleasure as this is not the way for them to show powers of a magistrate”, the court said.

In his defence, Tiwari submitted that no explanation was sought from him before the High Court made observations against him. Tiwari has worked for 13 years as a public prosecutor and is a teacher in the same judicial academy where he has been ordered to undergo a refresher course by the High Court.

Justice V B Gupta of the HC had criticised Tiwari for directing the police to initiate the process of declaring an accused a ‘proclaimed offender’ in an electricity theft case despite a High Court stay on it.