Litigants Making Allegations Against Judicial Officers Whenever Orders Adverse To Them Are Passed : Supreme Court Deprecates 'Demoralizing' Practice

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, remarked the Supreme Court in a recent order passed dismissing a transfer petition.

One of the grounds taken in the Transfer Petition filed under Section 25 of the Code of Civil Procedure was that the petitioners believe that they are not getting a fair trial as the respondents being local bigwigs are able to influence the local Court. 

The bench comprising Justices MR Shah and Krishna Murari , at the outset, said that it deprecates such a stand and the ground on which the proceedings are sought to be transferred. The court observed: 

"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. But merely because some Orders adverse to them are passed by the Court, it cannot be said that the Orders on judicial side are passed under influence. 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 petitioners also contended that when the warrant issued by the Executing Court was sought to be executed, a false criminal FIR was filed and therefore, there is an apprehension on the life of the petitioners. In this regard, the court said that if the petitioners are aggrieved by the FIR, the remedy would have been to approach the quashing of the same. The aforesaid cannot be a ground to transfer the proceedings, the bench observed.

Case details

Anupam Ghosh vs Faiz Mohammed | 2022 LiveLaw (SC) 751 | Tr.P(C) 2331-2334 OF 2021| 2 September 2022 | Justices MR Shah and Krishna Murari

Headnotes

Practice and Procedure - 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.

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