Jammu Kashmir High Court: Remarks on Prosecutor ‘Uncalled For’

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has quashed disparaging remarks made by the Juvenile Justice Board, Samba, against Assistant Public Prosecutor (APP) Anu Charak, ruling that the strictures were unwarranted and contrary to established legal principles.

Justice Sanjay Dhar passed the order on Monday while hearing a petition filed by Charak challenging the Board’s September 8 decision censuring her conduct and recommending departmental action.

Records revealed that Charak, posted as APP in the court of the Additional Special Mobile Magistrate, Samba, was temporarily assigned additional charge of the Juvenile Justice Board after its regular prosecutor went on leave. On September 8, she was recording prosecution evidence before the Magistrate until court hours ended, while she was also required to argue a bail application before the Board. Unable to attend both matters simultaneously, she did not appear before the Board, which treated this as dereliction of duty and directed the Deputy Director of Prosecution, Kathua-Samba, to take strict note of her conduct.

Challenging the order, Charak argued that the remarks were unjustified, disproportionate, and passed without affording her an opportunity to explain the circumstances.

The High Court agreed, observing that adverse comments against public servants must not be made lightly. Relying on Supreme Court judgments, Justice Dhar said such remarks could seriously harm an officer’s reputation and career if issued without notice, evidence, or necessity for deciding the case.

The court noted that the situation stemmed from a communication gap and that the Board failed to ascertain the reasons for Charak’s absence. It emphasised that the accused in the bail matter was not in custody and the case could have been adjourned.

“Merely because a public prosecutor has been unable to argue a matter or has sought time to prepare the brief does not call for passing of strictures,” the court said, stressing that judicial forums are expected to act with tolerance and restraint.

Justice Dhar held that the remarks were “uncalled for and definitely not necessary for the disposal of the case” and ordered them to be expunged. He also directed that no action be taken against Charak on the basis of the Board’s observations.

The ruling reinforces the judiciary’s stance that lower courts and boards must exercise restraint while criticising public servants and uphold natural justice by granting them an opportunity to be heard before making adverse remarks.