Mohd.Essat Ali Vs.
Vimla & Ors.  INSC 145 (23 January 2009)
IN THE SUPREME COURT
OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.149 OF 2009
(@SPECIAL LEAVE PETITION (CRL.)NO.953 OF 2008) MOHD.ESSAT ALI Appellant(s)
VERSUS VIMLA & ORS. Respondent(s)
ORDER Delay condoned.
Heard both sides.
The appellant was
working as a IInd Addl.Sessions Judge, City Civil Court at Chennai. The High
Court in the impugned order has stated that the convict had to undertake the imprisonment
for a period more than what was necessary because of the order of the IInd
Addl.Sessiosn Judge. On that basis certain adverse remarks have been passed
against the appellant.
Learned counsel for
the appellant points out that the period stated is not strictly correct and so
having regard to these facts we are of the view that these remarks are not
warranted for the just disposal of the case. The adverse remarks so passed
against the appellant in para 19 of the 2 impugned order/judgment are expunged
and the direction to place the matter before the Chief Justice is also set
The appeal is
disposed of accordingly.