Thursday, December 1, 2022

New trend among litigants to level charge on Judge when order is not favorable

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The Supreme Court has observed that a new trend has developed among the litigants to level allegations against judges when order that are unfavourable to them are passed.

A Bench comprising of Justice MR Shah and Justice Krishna Murari said such practices demoralise the judicial officers when allegations are levelled against them stating that the orders were influenced by extraneous considerations.

The bench said that “Nowadays, there is a tendency to make such allegations against the judicial Officers whenever the orders are passed against a litigant and the orders are not liked by the concerned litigant.

We deprecate such a practice. If such a practice is continued, it will ultimately demoralize the judicial officer. In fact, such an allegation can be said to be obstructing the administration of justice.”

The top court has been hearing a transfer petition in which proceedings towards an execution petition were sought to be transferred from Dhaulpur in Rajasthan to Noida in Uttar Pradesh.

Counsel for the petitioners alleged due to the local bigwigs, the proceedings were getting influences and they were not getting fair trials.

The Bench that they were not happy with the set of arguments.

The Court said in an angry tone” We deprecate such a stand and the ground on which the proceedings are sought to be transferred. Merely because some Orders are passed on judicial side (in the present case in the execution proceedings) which may be against the petitioners, it cannot be said that the Court, which passed the order was influenced. If the petitioners are aggrieved by any judicial order, the proper remedy would be to challenge the same before higher forum.

On the other apprehension of the petitioners on threat of life, the court said

FIR, the remedy would have been to approach the quashing of the same.”

The closure report said that the closure report filed is also not a solid ground for transfer of the proceedings and dismissed the case

In a recent judgement, the Allahabad High Court ,said that this new trend of alleging judges by levelling baseless allegations is shameful.

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