Lawstreet Journal

25K Fine Imposed on a Litigant By Delhi High Court For Alleging Judicial Bias Without Any Material

Lawstreet Journal 21 Mar 2022 11:41pm

Image courtesy: Lawstreet Journal Judiciary 25K Fine Imposed on a Litigant By Delhi High Court For Alleging Judicial Bias Without Any Material

The Delhi High Court imposed a fine of Rupees Twenty Five Thousand (Rs. 25k) on a litigant who accused a Trial Judge for being biased against him. The Delhi High Court called it an example of abuse of process. The High Court was of the opinion that the allegations which ware without any material. 

According to Justice C Hari Shankar though the nature of bias is like an apprehension rather than a proof, it must be real and not any method to somehow try one’s luck before another Court.

The Court remarked that Allegations of bias against a Judicial Officer are not to be likely made. Even issuance of notice on such an application has serious repercussions for the Judicial Officer concerned.

According to the Court every judicial officer is required to act free from any fear or favour, affection or will, and that it is the solemn oath which every Judicial Officer subscribes to, when he enters into his office.

The Court also said that if a request for transfer such as this, alleging, without any material facts, is to be entertained, this Court is constrained to observe that it would be impossible for Judicial Offers to discharge their duties without fear or favour.

Considering that the Court abstains from imposing costs on litigants who prosecute their cases on their own, The Court remarked: “This case, however, is an extreme example of abuse of process. It seeks, in a manner completely contrary to the law, to interfere with… Continue Reading...

Tagged: Delhi High Court  
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