When it becomes necessary to enjoin lower court judge as respondent?
Damayanti
(Querist) 04 February 2013
This query is : Resolved
Writ 226/227
What is the parameter to make Lower Court judge as a respondent?
When it is necessary and when it becomes indispensable party? (state being opposite party i.e. 2nd respondent)
There are instances of judicial bias / actual bias of judge of family court (but thinking to omit those and only stick to illegal exercise of jurisdiction)
and also writ petition is not merely under 227 but also under 226 (i.e there is a breach of 'right of a fair trial')
Is it advisable to to add the lower court judge as a 2nd respondent? Does it invite trouble as a backlash?
Does it prolong the trial at BOM HC?
My view has been that the judicial bias is blatantly perceivable through the Order passed and hence there was no need of enjoining judge as well although there is allegation of breach of fundamental right Art.14 of constitution (hence shouldn't the state be a party necessarily?)
and what is the acceptable proof of bias? the court always speaks though the order passed. And there are no video recording of proceedings and trial etc.
Please advise
Regards
Damayanti
R.K Nanda
(Expert) 05 February 2013
no need to make judge as respondent.
u can go against his order in HC.
