Jammu & Kashmir HC warns litigants, lawyers not to make reckless allegations against judges

The High Court of Jammu and Kashmir and Ladakh on Wednesday warned lawyers and litigants against making baseless, scandalous allegations against judicial officers [Assadullah Bhat & Ors v. Gul Dar & Ors].

Justice Wasim Sadiq Nargal said that such tendencies have to be curbed with an firm hand.

The judge made the observation while ordering some litigants to tender an unconditional apology for making allegations of bias against two judicial officers without any basis.

The Court observed that such reckless allegations do not only affect the judges but also constitute an affront to the dignity of, independence and the institutional integrity of the judiciary.

The sanctity of judicial proceedings cannot be permitted to be sullied by such reckless pleadings which, under the guise of advocacy, seek to malign the judicial process, it said.

"To permit such allegations to gain publicity, in the absence of cogent and credible material, would have a chilling effect on the judicial process and imperil the dignity of the institution itself," the Court added.

The Court underscored that judicial officers cannot be expected to function with independence and fearlessness if they are subjected to such unfounded aspersions about their character and conduct.

Allowing such allegations to circulate without credible material would have a chilling effect on the judicial process, it said. The Court proceeded to issue a general warning against litigants and lawyers to refrain from making baseless accusations against judicial officers.

"This Court issues a clear and unequivocal caution to all litigants and members of the Bar to desist from making such unfounded and scandalous allegations against judicial officers. Any repetition of such conduct without any basis or material shall invite appropriate action in accordance with law," it said.

The Court took note of the issue while dealing with a transfer petition filed by some senior citizens.

These litigants raised allegations of bias on the part of certain judicial officers. They claimed that the sub-judge hearing a case filed by them was under the influence of the Principal District Judge, who in turn was "hand in glove" with certain defendants. They urged the High Court to transfer their case to some other civil court on this ground.

The High Court, however, found that the litigants could not substantiate their scandalous allegations against the judicial officers. When confronted, their lawyer also sought permission from the Court to withdraw the transfer petition.

The Court, however, refused to simply permit withdrawal, observing that such a course would allow litigants to escape the consequences of making reckless, scandalous, and unsubstantiated allegations.

"This Court cannot permit the petitioners or the counsel representing them to circumvent judicial scrutiny and the consequences that may ensue therefrom by resorting to withdrawal of the petition," the High Court said.

Therefore, the Court decided to keep the matter pending so that the litigants can file an affidavit apologising for their conduct.

“Since the petitioners have levelled scandalous allegations in the instant matter without any basis and without any corroboration, this Court deems it proper, at the first instance, to direct the petitioners to file an unconditional apology, also showing genuine remorse for such allegations, with a clear undertaking that they shall remain cautious in future and shall refrain from making any such unfounded allegations,” the High Court said.

It also criticised the counsel involved in drafting the petition that contained the controversial statements, but decided to let off the lawyer with a warning.

"In deference to his experience and position, refrains from passing any coercive or adverse orders against him at this stage. However, a stern and unequivocal caution is hereby issued that he shall, in future, ensure that pleadings are drafted with due care, responsibility, and verification, and that no averments are made without adequate material to substantiate the same," the order stated.

The petitioners were ordered to file separate affidavits tendering their unconditional apologies within one week. The matter will be taken up next on May 6. Advocate M Sultan appeared on behalf of the petitioners.

[Read Order]