"Judge Is An Easy Target": Allahabad High Court Dismisses Transfer Plea Alleging Judicial Bias, Imposes ₹10K Costs

"...the citizens from all walks of life have developed an outlook, where they think that a Judge is an easy target and that they can malign the Judges' reputation, alleging anything against them, particularly, the Presiding Officers in subordinate Courts," the Allahabad High Court recently remarked as it dismissed a transfer application and imposed Rs. 10K Costs on the petitioner.

Dismissing the plea, the bench of Justice J. J. Munir further remarked that the impact of such transfer applications, if entertained and the Presiding Officer asked to put in his comments, may demoralize the subordinate judiciary.

"If allegations of this kind are entertained by a Superior Court against member of the Subordinate Judiciary, from unscrupulous litigants, it is impossible to expect delivery of justice from a demoralized judiciary, living in perpetual fear," the Court further remarked as it stressed that the litigants, who indulge in these kinds of misadventures should be discouraged with a heavy hand.

The case in brief

The applicant/appellant (Hari Singh) is the plaintiff in a 2013 suit and he moved an application seeking transfer of an Appeal arising from the said suit pending in the Court of the Additional District Judge, F.T.C., Court No. 1, Firozabad to any other Court of competent jurisdiction within the same Judgeship.

It was his submission that the defendants are threatening him that they have colluded with the Presiding Officer in the Appellate Court (where the appeal is pending), and on one occasion, he had seen one of the defendants emerge from the chambers of the Presiding Officer and therefore, he expressed an apprehension that the case would be decided against him because the defendants have colluded with the Presiding Officer.

He approached the District Judge, Frirozabad seeking transfer of the appeal, however, the application was rejected with a remark that the ground was augmentative and sans material or evidence to substantiate the allegations. Subsequently, the applicant moved the instant plea.

High Court's observations

At the outset, the Court noted that the applicant couldn't produce the slightest tangible evidence or material to support the allegation under consideration. In fact, the Court found that the allegations put forth by the applicant were so preposterous that they were required to be rejected.

Further, the Court observed that of late, it has become routine that the litigants come up with allegations against the subordinate courts' Judges, whom they do not want to decide their case, or otherwise, delay proceedings, or for some other tactical reason.

Significantly, the Court also underscored that making such unscrupulous and irresponsible allegations by a litigant is the reflection of a bigger trend in society, where citizens from all walks of life have developed an outlook, where they think that a Judge is an easy target and that they can malign the Judges' reputation, alleging anything against them, particularly, the Presiding Officers in subordinate Courts.

"This tendency is reflected in the complaints that galore on the administrative side of this Court and in transfer applications brought on the most irresponsible allegations, derided of any substance or material...Society, in general, is always conscious of keeping up the morale of the Armed Forces and the Police, but think small of the Judges, from whom they expect justice. This cannot be permitted to happen," the Court further remarked as it observed that in the instant case, the applicant was required to be saddled with cots.

Consequently, the Transfer Application was dismissed with costs of Rs.10,000/- recoverable from the applicant to be deposited with the Secretary, District Legal Services Authority, Firozabad within fifteen days. 

"In the event, costs are not deposited by the applicant with the Secretary, District Legal Services Authority, Firozabad, through a crossed bank instrument payable in the account, the costs shall be recovered by the District Magistrate, Firozabad from the applicant at the expiration of the said period as arrears of land revenue," the Court further ordered.

Case title - Hari Singh v. Shyam Bihari And 20 Others [TRANSFER APPLICATION (CIVIL) No. - 810 of 2022]

Case Citation: 2022 LiveLaw (AB) 517

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