( 1 ) LEAVE granted. ( 2 ) ONE cardinal principle in the justice delivery system of this country is sobriety, moderation and reserve, read together. This being the settled principle since the decision of this Court in Mohd. Naim case (State of U. P. v. Mohd. Naim) and the said reasoning has been followed in Niranjan Patnaik case (Niranjan Patnaik v. Sashibhushan Kar) and again this Court reiterated the same in Joseph case (State of Gujarat v. K. V. Joseph) with the following observations:"11. In any event, we do feel however, to record that the language used is rather strong and as noticed above restraint and use of temperate language ought to be the basic criteria in the judicial approach. The violation of the principle of natural justice also has been contended by reason of the fact that no notice was sent in the matter for the purposes of any explanation neither any explanation obtained, The Court passes an order on the basis of the available materials and upon affording the reasonable opportunity of hearing and in the event there is any deprivation in regard thereto, affectation of the cause of justice would be the effect. " ( 3 ) UNFORTUNATELY, this special leave petition is directed against the strictures and remarks of personal nature made by the learned Single Judge of the Gujarat High Court in Crl. A. No. 942 of 2000. The remarks, to say the least, are rather unfortunate and aim solely at an advocate who has been practising at the Bar for the last 25 years. We do feel it expedient to refer to some of the remarks made in the impugned judgment. They read as follows:"i have underlined at several places of the memo of this appeal only with a view to highlight not only spelling and grammatical mistakes, but also poor use of English language. However, on merits learned AP Shri Mankad vehemently submitted that this Court has to consider whether the judgment and order passed by the learned Magistrate was in accordance with law or not, and this Court should not throw away matter because of the poor drafting.
However, on merits learned AP Shri Mankad vehemently submitted that this Court has to consider whether the judgment and order passed by the learned Magistrate was in accordance with law or not, and this Court should not throw away matter because of the poor drafting. There is a lot of substance in what is submitted by Shri Mankad that the learned magistrate was wrong in acquitting the accused on the ground of limitation, therefore, no injustice should be done in the matter on account of poor drafting by the PP. Before parting, I must state that the appointment of Public prosecutors or Additional Public Prosecutors are to be made in the High court by the Central Government or the State Government after consultation with the High Court as per the provisions of Section 24 crpc. Mr Oza was appointed as a Public Prosecutor in February 2000. I have come back to this State only last month i. e. June 2001. If I was there at the time of his appointment as Public Prosecutor then I would have never agreed at the time of consultation process because of his poor knowledge of language and laws. " ( 4 ) AS a matter of fact, excepting the introductory paragraph, the entire four-page judgment contains disparaging remarks about the advocate concerned. We have had the occasion to look at a photostat copy of the original petition which is said to have been underlined by the learned Single judge himself. It is true that there are certain typographical errors but the same are not such as to warrant remarks from the court about the efficiency or lack of knowledge of English literature (sic language) and that of law so far as the advocate is concerned. It is rather unfortunate that what is noticed above has not been kept in view. We would like to highlight that there should be a proper amity between the Bench and the Bar rather than any element of arrogance or superiority on one side. Proper coherence will bring the best out of the judiciary and make the justice delivery system of the country more effective. We are anguished at the writings of the learned Single Judge and we sincerely hope that this attitude would come to an end with this matter only and there would not be any repetition of the same.
Proper coherence will bring the best out of the judiciary and make the justice delivery system of the country more effective. We are anguished at the writings of the learned Single Judge and we sincerely hope that this attitude would come to an end with this matter only and there would not be any repetition of the same. We may record that in the past some such incidents have also happened and this Court had to intervene in one or two matters earlier. ( 5 ) WITH these observations as above, we do feel it expedient to delete the entire judgment, excepting however the order portion which reads: "hence leave granted. Appeal admitted. " The appeal thus stands disposed of. No order as to costs.