HC vs. SC: Allahabad High Court to petition Supreme Court

Bar & Bench News Network

Dec 03, 2010

The Supreme Court Bench comprising of Justices Markandey Katju and Gyan Sudha Mishra had come down on the Allahabad High Court and had said, “something is rotten in the Allahabad High Court and the High Court really needs some house cleaning”. Yesterday the Allahabad High Court, in a meeting of all its judges decided to pass a resolution file a petition against these remarks.

Bar & Bench has retrieved a copy of the order of the SC Bench in the case of Raja Khan vs. UP Sunni Central Wakf Board in which it states “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, as this case illustrates”.

The operative part of the order of the SC bench is as follows:

We are sorry to say but a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity. Some Judges have their kith and kin practising 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.

We do not mean to say that all lawyers who have close relations as Judges of the High Court are misusing that relationship. Some are scrupulously taking care that no one should lift a finger on this account. However, others are shamelessly taking advantage of this relationship.

There are other serious complaints also against some Judges of the High Court.

The Allahabad High Court really needs some house cleaning (both Allahabad and Lucknow Bench), and we request Hon'ble the Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfers of the incorrigibles.

We entirely ……………[edited]

Let a copy of this order be sent to the Registrar Generals/Registrars of all High Courts for being placed before Hon'ble the Chief Justice of the respective High Courts.

Hindustan Times reported that Allahabad HC registrar general has been sent to Delhi to explore the possibility of either filing a curative petition or a review petition in the SC.

Lawyers’ organizations representing 3,000 lawyers appear to be backing the high court judges at the moment, though a section of the lawyers privately agree with what the Supreme Court said. The High Court Bar Association has also indicated its willingness to move the Supreme Court seeking removal of the remarks.

The HC Bench has about 70 Judges against the sanctioned strength of 160 Judges. About 90 judges positions are yet to be filled at the countries largest High Court in terms of litigations and judicial strength.

Comments(6)

1. "i feel that moving to HC would not solve the problem but these remarks are 100% true..trust me i m saying this because i have seen this all in front of my eyes....the judges are not only corrupt but they shamelessly flaunt it...house cleaning of the Allahabad High Court is very much need of the hour...and instead of fighting corruption the Allahabad High Court shamelessly want to file a curative writ petition...very bad ". Good Work Supreme Court , (Unknown City?)
2. "Ab Pachhtaye hot kya jab Chidiya chug gai khet.". Sudhir Sachdeva, (Unknown City?)
3. "but i believe that there is a better of dealing with issues like this rather then commenting in such a blunt way.....there r black sheeps everywhere......but there is also a better way of screening them out". Ravi, Mumbai
4. "I agree with Ravi. Problem of corruption is everywhere. What we need to do is to stand against it. We need to take care that Hon'ble Judges should not be counted same as politicians as they yet hold a respectable position in the eyes of public. ". Rishi B. Jauhari, Mumbai
5. "Allahabad HC should thanks SC of being kind and giving wake-up call with courtesy for some tainted judges, giving them time to get clean the system up before hammering them who acts as " LAW MAFIA " and make them naked. And still if the message of SC is not taken rightly, this would be the big debate of Public, Media and Courts which would scrutinize many Judges all over the country. Smoke is never there without Fire, so it do needs " SOUL SEARCHING " instead of keep up the attitude of being innocent till proven guilty.". Dinesh, USA
6. "The reformation also needs to be done at the lower courts wherein the judgements are given merely on relations especially in Uttar Pradesh in Districts like Gautam Budh Nagar & Ghaziabad.". INDIAN, Hyderabad

Post Your Comment


	Thank you. Comments are subject to moderation.