The Allahabad High Court recently comprising of a bench of Justice J. J. Munir while dealing with a petition filled seeking transfer of a civil case to another court, remarked that a mindset has developed among the general public to overawe Judges by maligning and complaining them on baseless allegations. (Mohd. Sarfaraz v. Mohd. Abid And 3 Others)
Facts of the case
This application was filed seeking transfer of Original Suit, from the Court of Civil Judge (Jr. Division), Nagina, District - Bijnore to any other Court of competent jurisdiction in the Judgeship of Bijnore.
The applicant has sought transfer on the ground of allegations against the Presiding Officer in the Court of Civil Judge (Jr. Division). The learned District Judge was moved in the first instance, who after perusal of the material on record did not find any merit and rejected the applicant's plea seeking transfer. The present application was filed by the applicant praying for the same relief.
The allegation against the Presiding Officer in the Trial Court was that learned Judge was under the influence of respondent nos.2 to 4. On 23.9.2021, Shubham Jain, the Parokar of respondent nos.2 to 4 visited the Trial Judge and the learned counsel representing respondent nos.2 to 4 also visited the Judge for 15 minutes in his chamber. At that time, the Parokar of respondent nos.2 to 4, to wit, Shubham Jain was standing outside the Chamber of the learned Judge. It was further stated in paragraph 15 that no written statement has been filed by the defendants till date. Moreover, there was no possibility of the trial of suit being concluded in the near future.
Courts Observation & Judgment
The bench at the very outset observed, “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. The allegations disclosed on affidavit in the present transfer application are so frivolous that they are only stated to be rejected. Such tendencies are required to be put down with a heavy hand.”
The bench dismissing the application remarked, “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.
Let this order be communicated to the Civil Judge (Junior Division) Nagina, District - Bijnore through the learned District Judge, Bijnore, the learned District Judge, Bijnore, the Secretary, District Legal Services Authority, Bijnore and the District Magistrate, Bijnore by the Registrar (Compliance) by 31.8.2022.”
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