Jammu & Kashmir And Ladakh High Court Cautions Litigants & Bar Members Against Making Unfounded, Scandalous Allegations Against Judicial Officers

The High Court was considering a transfer petition where the petitioners had levelled scandalous allegations against the Presiding Officer of the Court of Sub-Judge, Pattana, as well as the Principal District Judge, Baramulla.

The Single Bench of Justice Wasim Sadiq Nargal ordered, “Accordingly, this Court issues a clear and unequivocal caution to all litigants and members of the Bar to desist from making such unfounded and scandalous allegations against judicial officers. Any repetition of such conduct without any basis or material shall invite appropriate action in accordance with law.”

Advocate M. Sultan represented the Petitioner.

Factual Background

The petitioner had mentioned in the petition that the Presiding Officer of the Court of Sub Judge Pattan was directly under the influence of Principal District Judge Baramulla, who, according to the petitioner, was hand in glove with one of the defendants. The plaintiff had submitted that there may be a casualty of justice at the hands of Sub Judge Pattan. Therefore, the petitioners stated that the case be transferred from the Court of Sub-Judge Pattan to another Court of competent jurisdiction so that the apprehension entertained by the petitioners could be addressed.

Reasoning

Taking note of the fact that the counsel for the petitioners sought leave to withdraw the petition unconditionally, the Bench refused to grant the same, considering the gravity and seriousness of the allegations made against the Judicial Officers. “Permitting such a course would amount to allowing them to escape the consequences of making reckless, scandalous, and unsubstantiated allegations, which is wholly impermissible in law”, it stated.

Holding that the sanctity of judicial proceedings cannot be permitted to be sullied by reckless pleadings which, under the guise of advocacy, seek to malign the judicial process, the Bench highlighted how the Apex Court and various High Courts have, on numerous occasions, unequivocally deprecated the practice of imputing scandalous, reckless, and unfounded allegations against judicial officers.

The Bench further observed that any indulgence of baseless imputations would not only strike at the very root of judicial independence but also corrode institutional integrity and erode public confidence in the administration of justice. “This Court is of the considered view that any indulgence shown in such matters would embolden litigants to adopt similar tactics, thereby eroding public confidence in the justice delivery system. It is, therefore, imperative that such conduct be dealt with strictly and in accordance with law, so as to preserve the majesty of law and the credibility of the institution”, the order read.

Considering that the petitioners had levelled scandalous allegations without any basis and without any corroboration, the Bench directed them to file an unconditional apology, also showing genuine remorse for such allegations, with a clear undertaking that they would remain cautious in future and shall refrain from making any such unfounded allegations.

“Let affidavits tendering unconditional apology be filed separately by all the petitioners before this Court within a period of one week from today,” it directed.

However, taking note of the standing and experience of the petitioners’ Counsel Advocate M. Sultan, at the Bar, the Bench refrained from passing any coercive or adverse orders against him but it ordered, “However, a stern and unequivocal caution is hereby issued that he shall, infuture, ensure that pleadings are drafted with due care, responsibility, andverification, and that no averments are made without adequate material tosubstantiate the same. Any recurrence of such conduct shall invite appropriate action in accordance with law.”

The matter has now been listed on May 6, 2026, for continuation.

Cause Title: Assadullah Bhat and Others(Senior Citizen) v. Gul Dar and Others and Others (Case No.: TrP (C) 4/2026)

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