These should under no circumstances be allowed to be brought into public domain or be made the subject of any controversy.įULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURTġ. We have heard Mr Anturkar for the Petitioners and Dr Sathe for Respondents Nos. The actual material may be disclosed pursuant to an RTI enquiry as along with the final decision but the file notings are only transitory and tentative views and an exchange of views. This is required for the better administration of justice. Withholding file notings is, in our view, entirely salutary. In Maharashtra, this is indeed especially complex given the size of the judiciary and the fact that decision-making is not confined to matters pertaining to the High Court alone. These are our internal processes for dealing with complex administrative issues. We may also note that the system of placing a submission before “a junior” Judge first does not indicate and is not meant to indicate that any less weightage is given to that opinion. A judge who had earlier endorsed contrary notings might, in the discussions that followed with the other Judges reverse his position. There is a full and frank exchange of views dissents, especially noted dissents, are exceedingly rare. At that stage, all are equally entitled to voice their views. In any meeting, there is no question of any Judge being senior or junior. Often, any Judge in this list irrespective of the hierarchy, may ask that the point be discussed in the meeting. This is done consciously so that the Judges who are given the papers next in sequence have the benefit of seeing the comments and notings previously made and of then either agreeing or raising any other point. It is placed in order of seniority beginning with the Judge who is most junior in terms of years of service on the Bench. But the routine practice is that a submission from the Registry is placed before each of the Judges in that particular committee in turn. Whether or not this falls within the description of “a fiduciary relationship” is something we need not examine further. There is also very good reason why such notings should not in fact ever be disclosed or allowed to be disclosed. There is certainly an element of confidentiality in the notings by Judges of any Committee of this Court. Satara District Bar Association Satara Vs State of Maharashtra (Bombay High Court)
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
January 2023
Categories |