Describing any court as ‘lower courts’ reduces constitutional ethos, Supreme Court says India News
New Delhi: The Supreme Court on Friday reiterated that the trial court should not be referred to as “lower courts”, saying that such a terminology goes against the ethos of the Constitution.Acquet two lifetime convicts in a 1981 murder case, a bench of Justices Abhay S Oka and Augustine George Maasih said, “Before we participate with the verdict, we repeat the direction issued in the directive dated February 8, 2024, that the records of the trial court should not be referred to as a ‘lower court record’.”Justice Oka said, “Describing any court as a ‘lower court’ is against the ethos of our Constitution.”He said that the registry of the apex court had issued a circular in February last year to implement this directive. Justice Oka urged the High Courts to pay attention to the direction and act accordingly.The decision came in response to the Allahabad High Court to appeal by two convicts who challenged the October 2018 verdict, who upheld their sentence and life imprisonment in the murder case. The High Court was approached by the culprits to challenge the trial court’s decision.Earlier, in February 2024, a bench of Justice Oka and Ujjal Bhuyan directed the registry of the apex court to stop using the word “lower courts” to describe the trial court. The court said that the trial court records should also not be referred to as a “lower court record”.Meanwhile, Justice Oka on Saturday removed the office after serving as a judge for 21 years and 9 months.While reflecting his judicial career, Justice Oka said that he was so immersed in his work that “became a judicial life and life became justice.”She emphasized that while joining the bench, she cannot bring the same income as legal practice, the job brings immense professional satisfaction.Justice Oka said, “Judgment is a beautiful concept. When you are a lawyer, you may have many obstacles, but when you are a judge, no one controls you except the constitution, laws and your own discretion,” said Justice Oka.
