Allahabad moves SC over ‘rotten’ remark
The Allahabad High Court has decided to move an application before the Supreme Court seeking expunction of the remarks made by a bench of the apex court against it. Sources said that judges of the Allahabad High Court, who met on November 26, expressed their anger over the Supreme Court’s critical observations against its functioning and decided to approach the apex court.
A meeting of the governing council of the Bar Association has been called today and if it passes a resolution, a review application would be moved before the Supreme Court, the general secretary of the High Court Bar Association said. While hearing an appeal against a stay order passed by the Allahabad High Court last week, an apex court bench comprising justices Markandey Katju and Gyan Sudha Mishra said, “Something is rotten in the State of Denmark, said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High Court.”
The bench also asked the chief justice of the high court to take some strong measures, including recommending “transfers of the incorrigibles”. It had made the observation in a 12-page order, while making the insinuation that several judges of the high court suffer from ‘uncle judge’ syndrome, which refers to judges passing favourable orders for parties represented by lawyers known to them.
The bench had made the remarks while scrapping a single-judge bench order of the Allahabad High Court which had asked a Bahraich-based Waqf Board to temporarily allot a portion of its land in May-June this year to the proprietors of a circus for its show during an annual fair. “The faith of the common man in the country is shaken to the core by such shocking and outrageous orders,” said justices Katju and Mishra had said.
“We are sorry to say but a lot of complaints are coming against certain judges of the Allahabad High Court relating to their integrity,” said the bench, without disclosing the contents of complaints. Referring to the rampant ‘uncle judge’ syndrome allegedly plaguing the high court, the apex court bench had said, “Some judges have their kith and kin practicing in the same court. “And within a few years of starting practice, the sons or relations of the judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of judges could derive no benefit from their relationship and had to struggle at the bar like any other lawyer,” the bench added.
Ravi Kiran Jain, senior advocate, Allahabad High Court, said the judges of the high court should file a contempt petition. “There is no reason to escape such a notice …the only remedy made availabe to the High Court to correct this damage which has already been done is to issue a notice of contempt to the judges (of Supreme Court). By a moving a review petition to get remarks expunged is not a remedy. The damage has already been done and can be rectified only and only by issuing a show cause notice,” Jain said
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