‘Judges Are Human, Can Err’: Justice Oka Admits Past Mistake
Supreme Court’s Justice Abhay S. Oka acknowledged an error in a 2016 domestic violence case ruling during his tenure at the Bombay High Court, emphasizing that judges are also part of a continuous learning process.
New Delhi: Supreme Court Judge Justice Abhay S. Oka has openly admitted to making an error in a judgment he delivered in 2016 while serving as a judge at the Bombay High Court. Speaking on May 19, as reported by The Times of India, he acknowledged that judges, being human, can make mistakes, and underlined that the judicial role involves constant learning.
Justice Oka referred specifically to a domestic violence case from 2016 in which he failed to recognize the High Court’s authority to quash proceedings filed under Section 12(1) of the Protection of Women from Domestic Violence Act, using Section 482 of the Criminal Procedure Code (CrPC). He noted that the High Court does indeed hold such powers.
The Domestic Violence Act provides a legal route for victims, especially women, to seek relief such as compensation through a magistrate. Justice Oka emphasized that the Supreme Court has clarified that High Courts should exercise caution and restraint while invoking Section 482 of the CrPC in such cases, as the Domestic Violence Act is a welfare-oriented legislation designed to safeguard women.
Justice Oka said he authored the ruling on October 27, 2016, which stated that there was no available remedy under Section 482 of the CrPC to quash proceedings under Section 12(1) of the Domestic Violence Act. However, he acknowledged that this view was later found to be incorrect by another bench of the same court.
“As judges, we are duty-bound to correct our mistakes. Even for judges, learning never stops,” he stated.
Correcting his earlier interpretation, Justice Oka explained that while some High Court decisions have held that CrPC Section 482 cannot be invoked to quash Domestic Violence Act proceedings, this stance is incorrect. He clarified that courts can intervene under Section 482 if the proceedings are clearly unlawful or represent a misuse of legal process.
Justice Oka’s candid admission underscores the evolving nature of judicial interpretation and the accountability that comes with the role.