The judge is always defenceless, think about his morale: Kathawalla J. speaks out for the judiciary

Justice SJ Kathawalla of the Bombay High Court, never one to hold back, spoke his mind while hearing a construction related matter today. With the case in hand involving allegations against a judge of the city civil court, the High Court judge not only came down upon the practice of making allegations against judges, but also spoke about the plight of the judiciary..Although the specific facts of the matter could not be ascertained, the particular notice of motion (NMSL/1760/2016) was filed by the Gorai Road Ashtavinayak CHS Union & Ors and sought, amongst other things, a stay on proceedings pending in the City Civil Court at Dindoshi [pdf]..Through the course of arguments it emerged that the applicant had claimed an “apprehension” against the matter being heard by a particular city civil judge..It was on this particular argument that today’s hearing rested..On the side of the respondents, a number of senior counsel appeared including Janak Dwarkadas, SU Kamdar, Dinayar Madon and Mustafa Doctor. The applicant was represented by HSS Murthy..In the course of the day’s hearing, Dwarkadas even referred to the NJAC judgment. Arguments peppered with wit, (“please turn to paragraph 508 of this short judgment”), Dwarkadas sought to impress the fact that two judge of the Supreme Court (Khehar and Lokur JJ) had written on recusal of judges. The senior counsel also stressed on the fact that if indeed the applicant held an “apprehension”, then he should have made the same clear at an earlier point of time..And when it came to these allegations of bias, Justice Kathawalla was none too pleased..“I am pained that allegations are being made against a judge….The judge is always defenceless; he cannot come here and defend himself.”.Only half in jest he added,.“You can make allegations against the other side, but not the judge.”.As arguments stretched on, it turned out that Kathawalla J. had called for the confidential report of the city civil judge in question. Once that was inspected, it was clear which way the bench would rule..“There is not a semblance of truth in the allegations. We cannot be so loose in making such allegations. What happens to the morale of the judge?”.And in a moment of self-introspection, he observed..“I do all sorts of things here that lawyers don’t like……There may be some inconsistency in my orders, in allocating dates which I realise only much later. But that doesn’t mean you make allegations of bias.”.Eventually HS Murthy agreed to withdraw the application unconditionally. As for the matter in the city civil court, the same shall proceed with both parties agreeing not to seek adjournments. The matter will now be heard by the High Court on July 25.