'Even Judges Make Mistakes, Shouldn't Shy Away From Accepting Them': Kashmir Court Expunges Critical Remarks Made Against Wrong Magistrate

The Principal Sessions Judge, Anantnag, has expunged certain remarks made against a Judicial Magistrate in a previously passed order, acknowledging that the comments were based on a factual error and were directed at the wrong officer.

The remarks, originally made while deciding a revision petition, questioned how a Magistrate of the 2024 batch, despite receiving full training at the Judicial Academy, could overlook an important Supreme Court mandate in a matter of routine jurisdiction.

However, it was later brought to the Court's notice that the officer currently presiding over the court at Aishmuqam was not the author of the impugned order. The actual author was a predecessor and senior to the present incumbent.

The Principal Sessions Judge, Tahir Khurshid Raina, upon being apprised, took prompt corrective action. The order noted that “The concern conveyed to this Court was well taken, and accordingly record was called and perused. It was found that the said observation… was totally misplaced, as he was not the author of the impugned order.”

In a candid and mature admission, the Court acknowledged the mistake, noting, “This Court acknowledges the inadvertent mistake committed by it. Here, this court is reminded of the Latin legal maxim Actus curiae neminem gravabit—an act of the court shall prejudice no man.”

Recognising the potential reputational impact of the earlier remarks on the young officer, the Judge stated that “Propriety demands from this Court to set the record straight… to ensure that the unrelated observations in context of the present incumbent… do not continue to haunt him.”

The Court accordingly expunged the earlier observations and directed that a copy of the corrective order be delivered to the concerned Magistrate through a Special Messenger so that the order is duly recorded in the official files of that court.

In a graceful concluding note, the Principal Sessions Judge extended best wishes to the young officer, stating, “This Court wishes the said Judicial Officer all success in his life and career ahead.”

APPEARANCE:

Case-Title: Jalil Ahmad Magray Vs Mst. Shamshada & Ors, 2025.

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