SC flags rising trend of targeting judges over adverse rulings
New Delhi, Nov. 11 -- The Supreme Court on Monday voiced serious concern over what it described as a "growing trend" of litigants and lawyers levelling scandalous allegations against judges merely because they receive an unfavourable order.
"We have noticed in the recent past that when orders are not favourable, scurrilous and scandalous allegations are made against the judge. Such a practice needs to be strongly deprecated," said a bench comprising Chief Justice of India (CJI) Bhushan R Gavai and justice K Vinod Chandran.
Even as it closed criminal contempt proceedings against one N Peddi Raju and advocates Ritesh Patil and Nitin Meshram, the bench emphasised that members of the Bar, as officers of the court, owe a duty to maintain respect for judicial institutions. Senior advocate Sanjay Hegde represented Raju.
The contempt proceedings had arisen from allegations made by Raju and his lawyers against Telangana high court judge justice Moushumi Bhattacharya, in a plea seeking transfer of a case relating to relief granted to chief minister A Revanth Reddy in a matter under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The transfer petition had claimed that there were doubts about the impartiality of the judge and that the petitioner's counsel had not been given adequate time to argue. These claims were condemned by the Supreme Court as baseless and reckless.
In August, the apex court had directed Raju and the two advocates to tender an unconditional apology before justice Bhattacharya, noting that it would be for the judge to decide whether such apologies were acceptable. Justice Bhattacharya subsequently accepted the apologies on August 22, while also placing on record her rebuttal to the allegations made.
Taking note of this, the Supreme Court on Monday chose not to proceed further with the contempt. "The majesty of law does not lie in punishment but in forgiving when an apology is made. Since the learned judge has accepted the apology, we do not wish to continue," said the bench.
At the same time, it cautioned that lawyers must be vigilant in ensuring that no unfounded insinuations make their way into pleadings in future.
"Lawyers must be careful before signing pleadings which make allegations against judges," added the court....
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