"Pending Litigation Cannot Become Subject Matter Of Private Correspondence By Litigant To Judge": Delhi HC Deprecates Act Of Sending Personal Email

Observing that a pending litigation cannot become subject matter of private correspondence by a litigant and a judge, the Delhi High Court has deprecated the act of a student sending personal email while highlighting the pendency of his case since last 8 years.

Deprecating the act, Justice Prateek Jalan said:

"There appears to be an attempt to pressurise or embarrass the Court, which is to be severely deprecated."

"A pending litigation cannot become the subject matter of private correspondence addressed by a litigant to the judge," it added.

The student had written two emails, one to the personal email of the Judge and other to the Registrar (Vigilance) of the High Court dated 8th September and 10th September 2021 respectively.

The student was aggrieved by the pendency as also the delay in passing of the judgment in a petition filed in the year 2013.

The email addressed to the Registrar read "Pl save the lakh of life as we are drowning in the dearth of de morality, perplexed,and also hopelessness. On behalf of thousands of students."

While the email written to the Judge read thus:

"Sir, we, the students (already passed/appearing in examinations) are in deep pain and demoralized where there no possibility is depicted except legitimate indian judiciary system but if one case like ours is being not judged from last eight years.. where to approach sir? I shall be immensely obliged if you kindly think a little for grave solution to the pendency of this case so as to save the enthusiastic lakh of life of ours."

Taking note of the aforesaid, the Court issued notice to the student while directing him to file an affidavit stating the circumstances in which this e-mail was addressed. 

"Whatever be the contentions of a party, they must be addressed at the hearing or by way of a properly constituted filing in the pending petition, with notice to the other parties," the Court observed at the outset.

The Court also added that the affidavit filed by the student will decide whether any further action is required, including initiation of contempt proceedings against him for the communications so addressed.

Title: THE INSTITUTION OF ENGINEERS (INDIA) v. UNION OF INDIA & ORS

Click Here To Read Order