Judgment and court record is sacrosanct

Judgment and court record which has attained finality is sacrosanct.

A fact recorded in Judgment can not be challenged for the first time before Supreme Court.

Supreme Court is bound to accept the statement of the judges recorded in their judgment and, therefore, it cannot launch into an inquiry as to what transpired in the High Court. It is simply not done. Public policy bars such an action and judicial decorum restrains it.
Supreme Court cannot allow the statement of the judges to be contradicted by statements at the Bar or by affidavit and other evidence. Matters of judicial record are unquestionable and not open to doubt. Judges cannot be dragged into the arena. If the judges say in their judgments that something was done, said or admitted before them, that has to be the last word on the subject. Judges record is conclusive.

Procedure for error in court record:

If a party thinks that the happenings in court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the judges, to call the attention of the very Judges who have made the record to the fact that the statement made with regard to his conduct was a statement that had been made in error. That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. Of course, a party may resile and an Appellate Court may permit him, in rare and appropriate cases to resile from a concession on the ground that the concession was made on a wrong appreciation of the law and had led to gross injustice, but he may not call in question the very fact of making the concession as recorded in the judgment.

State of Maharashtra v. Ramdas Shrinivas Nayak, AIR 1982 SC 1249, 1983 SCR (1) 8 at 12.

Judicial decorum restrains us. Matters of judicial record are unquestionable. They are not open to doubt. Judges cannot be dragged into the arena. “Judgments cannot be treated as mere counters in the game of litigation. [Per Per Lord Buckmaster in Madhusudan v. Chanderwati, A.I.R. 1917 P.C. 30]

Advertisements