Keep judicial propriety in mind while on duty: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, November 25

Just over a month after explanation was sought from Sirsa Additional District and Sessions Judge on extending interim bail granted by the Punjab and Haryana High Court in a pending matter, Justice Harsimran Singh Sethi made it clear that the judicial propriety/jurisdiction was required to be kept in mind while discharging judicial functions in future.

Justice Sethi asserted that the explanation of the presiding officer concerned, in pursuance to an order passed on October 12, had been received. Certain justifications were given for extending the interim bail granted by the High Court, including order passed by a Division Bench in a PIL on court proceedings in Covid times.

Justice Sethi added the question for consideration was whether the trial court could extend interim bail granted by the High Court in the present proceedings. “Even if any order passed by the Division Bench entitles the extension of the interim bail to the petitioner, the appropriate order can only be passed by this court, especially once the present proceedings were still pending consideration before this court.

Giving the benefit of the doubt, Justice Sethi termed the presiding officer’s act as a “judgment of error” before ruling that further orders were not being passed by the court. “But it is expected that in future while discharging the judicial functions, the judicial propriety/jurisdiction is kept in mind.”

Taking up a petition, Justice Sethi had noticed that the HC granted interim bail to the petitioner till May 13. The order made it clear that orders on his prayer for regular bail would be passed on May 17 after considering his conduct and progress in the trial, subject to his surrendering by May 13.

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