Mistakes made by judicial officers due to misinterpretation of law, misunderstanding of law, misconception of facts or any other related reasons can be condoned by higher judicial forums since it is human to err but repeating the mistakes consistently is completely unjustifiable, the Madras High Court Bench here has said.
Justice S. Vimala made the observation while setting aside an order passed by an Additional Chief Judicial Magistrate here on July 12 issuing non-bailable arrest warrant against an accused despite the High Court having already quashed a similar warrant issued against him in the same case besides dispensing with his appearance before the Magistrate.
Expressing displeasure over the act of the ACJM, the judge said: “Learning by mistakes can be tolerated as it is useful at least for the purpose of learning. But here is a case where despite an order issuing NBW having been under challenge before this court and despite the order being set aside on an earlier occasion, the same order is passed once again.”
She disposed of the case with the hope that the ACJM would not repeat the mistake once again.
