Hurling Hollow Allegations At Courts Hurts Justice Dispensation System; Must Be Put Down With Heavy Hands: Allahabad HC
The Allahabad High Court observed that the tendency amongst the citizens to show moral uprightness of the Courts in a bad light because they have similar experiences in other walks of life harms the justice dispensation system.
The Court held thus while stating that such allegations on hollow grounds must be put down with heavy hand.
The bench of Justice JJ Munir observed, “This Court is of opinion that the allegations on which the transfer has been sought are reflective of a tendency amongst members of the citizens, where they consider the authority and the moral uprightness of the Courts in poor light because they might have experiences of that kind in other walks of life. In doing that, they do much harm to the justice dispensation system. 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.”
Advocate Pankaj Dwivedi appeared for the Appellant.
Brief Facts-
The allegation is that the husband of elected Pradhan, the respondent to the election petition, is an Advocate practising in the District Court. On one of the dates the revisionist, Aliyari who is the election petitioner, went to the Court and produced some authorities in her favour, and when she was coming out, she saw the elected Pradhan's husband going inside the Presiding Officer's chamber and came out in a little. He is said to have announced amongst his associates very triumphantly that he had spoken to the Presiding Officer and the election petition would certainly be decided in his wife's favour. The allegation was denied by the respondent and the District Judge, who heard the transfer application, did not find any material in support of the alleged incident. He dismissed the transfer application.
Hence, the revisionist approached the High Court with this Revision.
The Court did not agree with the District Judge's remark that the revisionist, who is the election petitioner, was delaying the disposal of the election petition. However, according to the Court, the allegations that have been levelled to seek transfer of the election petition are scandalous and irresponsible.
The Court not only rejected the petition but also imposed cost of Rs. 20,000/-.
Cause Title: Aliyari v. Ranjana (Neutal Citation: 2024:AHC:56817)
Appearance:
Adv. Pankaj Dwivedi
