In the case of Lavkush Tiwari and 1486 Others vs. State of Uttar Pradesh (Case No. WRITA No. 18956 of 2022), the petitioners, represented by Advocates Aditya Prakash Verma and Shailesh Verma, sought redress against certain administrative and procedural missteps by the State of Uttar Pradesh. The State was represented by the Chief Standing Counsel in this legal battle, which was heard by the Allahabad High Court.
A key issue highlighted during the proceedings was the improper protocol used by government officials when referring to retired judges. Though seemingly minor, this issue touches on the broader matter of maintaining the dignity and respect due to members of the judiciary, both active and retired. The improper reference to a retired judge in official documents drew significant attention from the court, underscoring the importance of upholding proper judicial decorum.
The judgment was delivered by Justice J.J. Munir on August 13, 2024. During the hearing, senior officials, including the Additional Chief Secretary (Home), the Director General of Police, and the Superintendent of Police, Basti, submitted personal affidavits, which were reviewed by the court.
One of the critical observations made by Justice Munir was regarding the incorrect reference to retired Justice A.N. Mittal, who was mistakenly named as "Hon'ble Justice Shri J.N. Mittal" in the affidavit filed by the Additional Chief Secretary (Home). Justice Munir expressed deep concern over this error, emphasizing that such mistakes go beyond clerical errors and reflect a broader issue of maintaining respect for the judiciary.
Justice Munir clarified that a retired judge should not be referred to with the suffix "Retired" directly attached to "Mr. Justice." Instead, the proper protocol is to refer to a retired judge as "Mr. Justice," followed by "Retired Judge" or "Retired Judge of the High Court." The court acknowledged that this error is unfortunately common and stressed the need for government officials to adhere strictly to the correct protocol.
In response to this issue, the court directed the Registrar (Protocol) to submit a detailed report on the existing and past guidelines concerning the reference to retired judges. The Registrar (Protocol) was also tasked with investigating this specific breach and ensuring that proper guidelines are followed in the future.
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