Mindset Developed Among Public To Overawe Judges By Complaining & Maligning Them On Baseless Allegations: Allahabad High Court

While dismissing a plea filed seeking transfer of a civil case to another court, the Allahabad High Court recently remarked that a mindset has developed among the general public to overawe Judges by complaining and maligning them on baseless allegations.

The petitioner, Mohd. Sarfaraz had sought the transfer of the case from the Court of Civil Judge (Jr. Division), Nagina, District - Bijnore to any other Court of competent jurisdiction in the Judgeship of Bijnore by leveling allegations against the Presiding Officer, Civil Judge (Jr. Division).

When the District Judge rejected the application filed by the petitioner, he had moved to the High Court. It was his allegation that the presiding Judge was working under the influence of respondents nos.2 to 4.

To substantiate his claim, the petitioner submitted that on September 23, 2021, the Parokar of respondents nos.2 to 4 and their counsel had met the Judge in his chamber for 15 minutes. It was further stated that no written statement had been filed by the defendants to date and that there was no possibility of the trial of the suit being concluded in the near future.

Taking into account the allegations leveled against the presiding judge, the bench of Justice J. J. Munir, at the outset, observed thus:

"The allegations that have been levelled against the Presiding Officer in the Trial Court are reflective of the current trend in the society where the general public has developed the mindset to overawe Judges by complaining and maligning them on baseless allegations. The allegations disclosed on affidavit in the present transfer application are so frivolous that they are only stated to be rejected."

In view of this, stressing that such tendencies are required to be put down with a heavy hand, the Court dismissed the application with the costs of Rs.10,000/- which the applicant was directed to deposit in the account of District Services Legal Authority, Bijnore within 15 days hence.

"In case, the cost is not deposited, the District Magistrate, Bijnore shall recover the costs as arrears of land revenue and cause them to be deposited in the account of the Secretary, District Legal Services Authority, Bijnore forthwith," the Court further ordered.

Case title - Mohd. Sarfaraz v. Mohd. Abid And 3 Others [TRANSFER APPLICATION (CIVIL) No. - 528 of 2022]

Case Citation: 2022 LiveLaw (AB) 414

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