Making Allegation against Judges has become a New Fashion

Allegations against judges become a new fashion

The Supreme Court (SC), in a Suo Motu Criminal Contempt Petition No.866 of 2021, said on 23rd May 2022 that making allegations against judges is unfortunately becoming a new fashion now and the stronger the judge, the greater the allegations against him.

Madras HC finds the lawyers guilty

The SC, while hearing an appeal filed by an advocate who was found guilty of contempt by a judgement of the Madras High Court delivered on 25th March 2022and was sentenced to undergo two weeks of simple imprisonment, observed that making allegations against judges is rampant in Uttar Pradesh and now it is happening in Bombay and Madras also.

The court said the conduct of the appellant was thoroughly contemptuous and besides levelling wanton allegations against the single judge of the high court who had issued a non-bailable warrant (NBW) against him, the recusal of one of the judges hearing the proceedings thereafter was sought on thoroughly improper grounds.

The stronger the judge the greater the allegation

The SC says the stronger the judge, the greater the allegations against the judge. This is happening now in Bombay. Of course, it is rampant in Uttar Pradesh, now Madras, a vacation bench of Justices D Y Chandrachud and Bela M Trivedi said.

SC gives a strong message

Let a strong message go, said the bench, adding that judges are assaulted across the country and in the district judiciary, sometimes not even a lathi (stick) wielding policeman is there for their protection.

While refusing to interfere with the Madras High Court’s order which had also directed that the advocate shall not practice before it for a period of one year, the apex court observed that one can annoy the court but cannot level wanton allegation like this when the process of the court is sought to be served.

The bench said after the single judge had issued an NBW against the advocate and the police went to serve him when he was there at a tea shop near the high court, hundreds of lawyers lay upon the police and prevent the NBW from being served.

It said CCTV footage of the incident was also there and to compound it further when the matter was heard by the court, the advocate had made allegations against the single judge who had issued NBW against him. The counsel appearing for the appellant said the advocate has tendered an unconditional apology.

The bench observed that the appellant belongs to a class of lawyers who are absolutely incorrigible and there is a blot on the legal profession. It said this is the only way to deal with these kinds of people and a two-week sentence is actually very lenient.

Should a judge recuse on every allegation?

A Judge should not recuse from a case at the mere demand of a party. These days, allegations by parties arise in every court frequently.

The Supreme Court, in Supreme Court AdvocatesOn-Record Association and another v Union of India (Recusal matter) [(2016) 5 SCC 808 ]has dealt with the issue of recusal elaborately. Having taken the oath under the Constitution of India to administer justice without fear or favour, a Judge should not buckle at such insinuations and abdicate his responsibilities.