Allahabad High Court dismisses plea implying judicial bias with costs of ₹20,000

In a resolute stand against the spread of irresponsible accusations against the justice system, the… Allahabad High Court recently imposed Rs. 20,000 costs for a litigant who requested transfer of his case due to bias against the presiding judge.

“This kind of tendency to hurl accusations at the court without the slightest fear of the outcome, if the accusations fail or turn out to be hollow, must be crushed with a heavy hand in the larger interest of the administration of justice.“, a bench Judge JJ Munir noted as it mentioned the allegations ‘scandalous and most irresponsible

The Court passed this order while hearing a review petition filed by one Aliyari challenging an order of the District Judge, Chandauli, dismissing her application and seeking transfer of an election petition from the court of the Additional District Judge, FTC-I, Chandauli, to another court of competent jurisdiction.

The transfer was sought on the allegations that the husband of the elected Pradhan, the respondent in the election petition, is an advocate practicing at the Chandauli District Court. On one of the dates recorded in the case, the revisionist, the election petitioner before the trial judge, saw the husband of the elected Pradhan entering the room of the presiding officer.

After leaving the room, he triumphantly boasted to his associates that he had spoken to the presiding officer and that the election petition would now certainly be decided in his wife’s favor.

Defendant denied the said allegations and the District Judge, Chandauli, who heard the transfer request, did not find any material to support the incident. The transfer request was therefore rejected. The revisionist challenged the rejection of her plea for transfer and moved the HC.

After perusing the facts of the case, the single judge was of the opinion that the allegations on which the transfer was sought reflected the tendency among citizens to cast the authority and moral rectitude of the courts in a bad light which harmed the administration of justice. system.

Accordingly, this revision plea was dismissed with costs of Rs. 20,000/- to be paid by the revisionist through a bank instrument drawn in favor of the Registrar General of this Court within 15 days from the date.

Case title – Aliyari vs Ranjana and 5 others 2024 LiveLaw (AB) 256 (CIVIL REVISION DEFECT No. – 15 of 2024)

Case quote: 2024 Living Act (AB) 256

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