“A Judge too can make a mistake and shouldn’t shy away from accepting the same”-Principal Sessions Judge, Anantnag

Case details:

Case Name: Jalil Ahmad Magray vs Mst. Shamshada Bano & others

Case No.: CNR No.JKANO10003682024

Coram : Tahir Khurshid Raina (UID No. JK00055)

The Court of Principal Sessions Judge, Anantnag relying on the maxim “Actus curiae neminem gravabit”- means-an act of the court shall prejudice no man has expunged its remarks against a judicial officer made in an inadvertent mistake or even an oversight made by the Court as the order passed under a revision petition, relating to the mandate of the judgment of the Hon’ble Supreme Court of India delivered in case Rajnish vs Neha (2021), was authored by another Presiding Officer and not the current Presiding Officer and the remark was directed against the current Presiding Officer.

The Principal Sessions Judge also observed that ‘a judge is also a human being and fallible to commit a mistake, an inadvertent error’. The Court further observed that it is in recognition of this fallibility of the Judge to commit an error as a human being, our judicial institution carries a hierarchy of the Courts, culminating at the level of Hon’ble Supreme Court of India. This hierarchy exists to avoid any injustice or perpetuate any illegality.

The Court observed further that the propriety demands to set the record straight and expunge the unrelated observation in the context of the present incumbent.