The administrative control of subordinate judiciary has been conferred upon High Court

The administrative control of subordinate judiciary has been conferred upon High Court, which is the highest Court at provincial level and is under constitutional obligation to see effective functioning of subordinate Courts by virtue of power conferred by Article 235 read with 227 of the Constitution. No similar power like Article 235, in respect to High Court is exercisable by Apex Court, though it is the highest Court of land. Its judgments are binding on all. Every order and judgment of any Court or Tribunal etc., in the Country, is subject to judicial review by Apex Court. This is the power on judicial side. Thus scheme under the Constitution imposes heavy duty and responsibility upon High Court to ensure due or proper honour of subordinate Court and Judge and to save them from such scurrilous attack.

Superior Courts, i.e. High Court as also the Apex Court is bound to protect Judges of subordinate Courts from being subjected to scurrilous and indecent attacks, which scandalise or have the tendency to scandalise, or lower or have the tendency to lower the authority of any Court as also all such actions which interfere or tend to interfere with the due course of any judicial proceedings or obstruct or tend to obstruct the administration of justice in any other manner. No affront to the majesty of law can be permitted. The fountain of justice cannot be allowed to be polluted by disgruntled litigants. The protection is necessary for Courts to enable them to discharge their judicial functions without fear.

The Constitution makers have imposed constitutional obligation upon the High Court to exercise control over subordinate judiciary. This control is both ways. No aberration shall be allowed to enter the Subordinate Judiciary so that its purity is maintained. Simultaneously Subordinate Judiciary can not be allowed to be attacked or threatened to work under outside pressure of anyone, whether individual or a group, so as to form a threat to objective and independent functioning of Subordinate Judiciary.

The Judicial Officer/Judges had no platform to stand and clarify the circumstances in which order has been passed by them. They had no platform to defend themselves. The strength of judiciary comes from the strong public opinion which it has in the system. If unsubstantiated flimsy imaginary fanciful allegations are made by a party, who did not find an order in its favour, it will demolish the very foundation of the system of justice. Every order passed by Court will be in favour of one of the party and against another. The losing party cannot be allowed to challenge the very integrity of Judicial Officer in passing an order and that too without any material to support such a allegation. If we allow such a trend to remain unnoticed, or condone the same without any appropriate action, it will not only encourage such tendency amongst other and but also resultant situation may cause a serious blow to the system of administration of justice, which is one of the founding pillar of constitutional scheme and has to be protected by all legal and reasonable means.