'Scandalous & Irresponsible Allegations': Allahabad High Court Dismisses Plea Implying Judicial Bias With ₹20K Cost

In a resolute stance against the propagation of irresponsible accusations against the judicial system, the Allahabad High Court recently imposed Rs. 20,000 costs on a litigant who had sought a transfer of his case alleging bias against the presiding Judge. 

"This kind of a tendency of hurling allegations at Courts without the slightest fear of the outcome, if the allegations fail or are found to be made on hollow ground, must be put down with a heavy hand in the larger interest of administration of justice," a bench of Justice JJ Munir remarked as it termed the allegations as 'scandalous and most irresponsible'

The Court passed this order while dealing with a revision plea moved by one Aliyari challenging an order of the District Judge, Chandauli, rejecting her application and seeking transfer of an Election Petition from the Court of the Additional District Judge, F.T.C.-I, Chandauli, to any other Court of competent jurisdiction.

The transfer was sought on the allegations that the husband of elected Pradhan, the respondent to the election petition, is an Advocate practising in the District Court, Chandauli. On one of the dates fixed in the matter, the revisionist, the election petitioner before the Trial Judge, saw the husband of the elected Pradhan entering the Presiding Officer's chamber.

After leaving the chamber, he allegedly boasted to his associates triumphantly that he had spoken to the Presiding Officer and now, the election petition would certainly be decided in his wife's favour.

The respondent denied the said allegations, and the District Judge, Chandauli, who heard the transfer application, did not find any material in support of the incident. Hence, the transfer plea was dismissed. Challenging the dismissal of her transfer plea, the revisionist moved to the HC.

After taking note of the facts of the case, the single judge opined that the allegations on which the transfer has been sought were reflective of a tendency amongst citizens to consider the authority and moral uprightness of the Courts in a poor light, harming the justice dispensation system.

Consequently, this revision plea was rejected with costs of Rs. 20,000/- payable by the revisionist through a Bank instrument drawn in favour of the Registrar General of this Court within 15 days of the date.

Case title - Aliyari vs Ranjana And 5 Others 2024 LiveLaw (AB) 256 [CIVIL REVISION DEFECTIVE No. - 15 of 2024]

Case citation: 2024 LiveLaw (AB) 256

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