TaxTMI 
TaxTMI 
2004 (4) TMI 640
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....leged communal carnage on 27th February, 2002. 4. According to the appellants, being human rights activists, they wanted to find out what is the truth and in the process, though after conclusion of the trial, it was reliably felt by them on the basis of verifications made that truth has been the resultant casualty. They had made detailed study of the situation and also met the riot-affected persons. They helped the victims in lodging FIRs, and setting up legal aid clinics for the affected victims. They claim to be anti-fundamentalists and public activists with avowed object of helping victims of communal violence. Their main and sincere objective is to maintain and preserve the secular image of the Nation, secured firmly under the Constitution of India, 1950 (in short the 'Constitution'), the supreme law of the land. Certain persons, who were not happy with the verdicts rendered by the Trial Court in the case commonly known as "Best Bakery case" also approached the appellants and they helped them in obtaining legal assistance. Unfortunately the High Court, while dealing with the appeal filed by the State of Gujarat, against the acquittal of the accused persons and other ....
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....cause of the ex parte ad interim order, they were successful in causing huge loss, running into thousands of crores of rupees to the State because of the delay in construction of the dam. Ultimately, such huge loss had to be suffered by the people of the State for no fault of their. Gujarat is very much part and parcel of our Nation and any loss to the State means loss to the Nation. Once again, almost similar attempt is made not only to cause indirect financial loss to the State, but to create rift between the two communities and spread hatred in the people of the State. Financial loss can be recovered at any time, but it is very difficult to rebuild confidence, faith and harmony between people of the two communities. This time, target is none else but the judiciary of the State and the system as a whole which is really a matter of grave concern. Most unfortunate part of it is that, some people within the State and the Nation, without realizing the pros and cons of it, unnecessarily giving undue importance to such elements, who are misusing poor persons like Zahira and others. &nb....
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....ot in dispute and the records also reveal that the appellants were not parties in the case before the High Court. It is beyond comprehension as to how the learned Judges in the High Court could afford to overlook such a basic and vitally essential tenet of 'Rule of law', that no one should be condemned unheard and risk themselves to be criticised for injudicious approach and/or render their decisions vulnerable for challenge on account of violating judicial norms and ethics. The observations quoted above do not prima facie appear to have any relevance to the subject matter of dispute before the High Court. Time and again this Court has deprecated the practice of making observations in judgments, unless the persons in respect of whom comments and criticisms were being made were parties to the proceedings, and further were granted an opportunity of having their say in the matter unmindful of the serious repercussions they may entail on such persons. Apart from that, when there is no relevance to the subject matter of adjudication, it is certainly not desirable for the Courts to make any comments or observations reflecting on the bonafides or credibility of any person or their....
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....s in this context: "The higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. That is one of the functions of the superior courts. Our legal system acknowledges the fallibility of the Judges and hence provides for appeals and revisions. A Judge tries to discharge his duties to the best of his capacity. While doing so, sometimes, he is likely to err..... It has also to be remembered that the lower judicial officers mostly work under a charged atmosphere and are constantly under a psychological pressure with all the contestants and their lawyers almost breathing down their necks - more correctly up to their nostrils. They do not have the benefit of a detached atmosphere of the higher courts to think coolly and decide patiently. Every error, however, gross it may look, should not, therefore, be attributed to improper motive." 13. We also extract below the observation of this Court in Braj Kishore Thakur v. Union of India and Ors. [1997]2SCR420 : "Judicial restraint is a virtue. A virtue which shall be concomitant of every judicial disposition. It is an attribute o....