Maligning Judges On Baseless Allegations: Allahabad HC Dismisses Plea Seeking Transfer Of Suit, Imposes ₹ 10k Cost
The Allahabad High Court has imposed Rs. 10,000 costs on an applicant seeking transfer of a suit on the ground that the Presiding Officer of the Trial Court was under the influence of the opposite party.
The Bench of Justice JJ Munir lamented the current trend where the general public maligned Judges on baseless allegations.
"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 have developed the mind set to overawe Judges by complaining and maligning them on baseless allegations.", Justice JJ Munir observed.
Advocate Pavan Kumar who had appeared for the applicant alleged that the Presiding Officer in the Trial Court was under the influence of respondents in the case of Mohd. Sarfaraz vs. Mohd. Abid and others.
It was further alleged that the Parokar of respondents and the counsel representing respondents had visited the Trial Judge. It was submitted that there is no possibility of the trial of suit being concluded in the near future.
However, the Allahabad High Court termed the allegations to be frivolous and held that such tendencies are required to be put down with a heavy hand.
The Court dismissed the application by imposing costs to the tune of Rs.10,000/-. The Court ordered the applicant to deposit the amount in the account of District Services Legal Authority, Bijnore within 15 days.
"In the circumstances, this application is dismissed with the costs of Rs.10,000/- which the applicant shall 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 concluded.
Cause Title- Mohd. Sarfaraz v. Mohd. Abid and 3 Others