Against high court bench remarks Guwahati HC judge moves to SC

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Against high court bench remarks Guwahati HC judge moves to SC

New Delhi: A sitting judge of the Guwahati High Court in Assam has filed a petition in the Supreme Court challenging “certain insults” made against him by a high court bench while reviewing a terrorism case. Remarks” which he specially presided over, has been demanded to be removed. Judges of NIA Court.
A Supreme Court bench of Justices AS Bopanna and PS Narasimha agreed to hear the petition and issued a notice to the National Investigation Agency (NIA). The case will be listed “without disclosing the identity of the petitioner” and will be heard further on November 10.
In his petition filed by advocate Somiran Sharma, the judge has sought removal of “certain derogatory remarks” made against him in the August 11 High Court judgment.
The High Court had acquitted several persons who were earlier convicted by trial courts for alleged offenses under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.
The judge said that on May 22, 2017, he “in his capacity as Special Judge, NIA, Guwahati, Assam, delivered the verdict in the special NIA case…accused under IPC and illegal activities”. (Prevention) Act, 1967 and the Arms Act, 1959”.
The judge argued that the High Court’s remarks were not necessary to decide the appeal and that it had seriously damaged his reputation.
He further contends that the High Court has failed to follow well-settled principles while criticizing the judgment of the subordinate court.

The judge emphasized the complexity of the terrorism case and said there could be no “mathematical precision” in the definition of evidence.
He also points out that he assumed the role of NIA judge at the final stage of the trial and his role was limited to presiding over the arguments.

The judge concluded by saying that the critical remarks had caused irreparable damage to his reputation and could adversely affect his career in the future.

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