July 18, 2018:
In a unique case, Division Bench of Bombay HC has expounded that a Principal Judge was justified in transferring a matter from a Court after a Lawyer commented on Judge’s post on Facebook.
HC Bench stated that,“Conduct of the lawyer in responding to Facebook post of a Judge who was hearing their appeals could be viewed as professional misconduct,” while adding that Principal Judge was right in transferring the matter to another court.
Matter before High Court concerned a property dispute between two families.
An order against a Decree was being heard by Additional District Judge at Pune Sessions Court.
In April 2018, Advocate representing Petitioner’s family, who is also a family member, commented on a Facebook post of Judge.
Additional Sessions Judge brought it to the notice of Principal Judge, who transferred the matter from his court.
Family approached the Bombay HC challenging the decision and sought that the matter be removed from Judge who was now assigned to hear it.
They claimed that Additional Sessions Judge should not have recused himself from the matter as he had heard the case over the last three years.
High Court dismissed the petition.
Source TOI
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