The Supreme Court has ordered deletion of certain adverse observations made by the Gauhati High Court against a judge of a special National Investigation Agency (NIA) court in a 2009 terror-related case.
A bench of Justices AS Bopanna and PS Narasimha said that the adverse observations against the judicial officer be treated as “expunged” and will not be held against him in any manner.
“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,” clarified the bench in its order passed on November 10.
In its impugned decision passed in August this year, the High Court, among other things, went on to say that “the trial court was at every stage of proceeding having a deep rooted bias in favour of prosecution” and “acted in a sheerly partisan manner” as it overturned the conviction handed over to accused by the special judge under the Unlawful Activities (Prevention) Act.
The petitioner-judge had challenged these observations by way of filing a special leave petition before the apex court.
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