The Allahabad High Court in the case Mohd. Sarfaraz v. Mohd. Abid And 3 Others observed in a petition filled seeking transfer of a civil case to another court, recently the court remarked that a mindset has developed among the general public to overawe Judges by maligning and complaining them on baseless allegations.
In the present case, Mohd. Sarfaraz, the petitioner had sought the transfer of the case from the Court of Civil Judge (Jr. Division), Nagina, District – Bijnore to any other Court of the competent jurisdiction in the Judgeship of Bijnore by leveling the allegations against the Presiding Officer, Civil Judge (Jr. Division).
The application filled by the petitioner was rejected by the District Judge and the petitioner had moved to the High Court. The allegation made by him was that the presiding Judge was working under the influence of respondents nos.2 to 4.
For substantiate his claim, the petitioner submitted that on September 23, 2021, the Parokar of respondents nos.2 to 4 and their counsel had met the Judge in his chamber for 15 minutes. Further, it was stated that no written statement had been filed by the defendants to date and that there was no possibility of the trial of the suit being concluded in the near future.
The court while taking into account the allegations leveled against the presiding judge, the bench of Justice J. J. Munir, at the outset, the court observed that 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 has developed the mindset to overawe Judges by maligning and complaining them on baseless allegations. In the present transfer application, the allegations disclosed on affidavit are so frivolous that they are only stated to be rejected.
In this view, the court stressed that such tendencies are required to be put down with a heavy hand, the Court dismissed the application with the costs of Rs.10,000/- which the applicant was directed to deposit within 15 days, in the account of District Services Legal Authority, Bijnore.
The court ordered that 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, the District Legal Services Authority, Bijnore forthwith.
The court while taking into account the allegations leveled against the presiding judge, the bench of Justice J. J. Munir, at the outset, the court observed that 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 has developed the mindset to overawe Judges by maligning and complaining them on baseless allegations.
