SC EXPUNGES REMARKS MADE BY GAUHATI HC IN CASE DECIDED BY HIM AS A TRIAL JUDGE

The Supreme Court on Monday has expunged adverse remarks by a high court bench against a sitting Gauhati High Court judge’s 2017 verdict when he was a special NIA court judge and was hearing a terror-related case. A bench comprising justices AS Bopanna and PS Narasimha clarified that the rest of the high court judgment would continue to be in force.

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“We are of the opinion that the adverse observations against the petitioner as contained in paragraphs 130, 190,191, 192, 193,194 and 233 and in any other relevant portion of the order are treated as expunged and shall not be held against the petitioner in any manner. 

The bench stated, “Dehors the said observations which are expunged the order/judgment would remain in force, to be considered on its merits, if it arises subsequently in any other case.” Earlier, the top court issued notice to the National Investigation Agency and allowed the case to be listed “without disclosing the identity of the petitioner”.