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Basavaraj (Asst, Manager-Legal)     16 June 2010

Can High Court Judge question the High Court C.J. order?

Dear Members,

First of all I want to declare that I’m  not asking any personal question.

 

After seeing the SC stay order on Karnataka High Court Judge Justice Shalendra Kumar, I am thinking that whats happing in our judiciary system.

 

So I got a doubt that-

Can High Court Judge question his C.J.order?

Can he express is opinion about C.J.in an open court?

 

Please share your valuable feed back on this issue.

 

Regards

 

Basavaraj.r  



Learning

 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 June 2010

No question should  be raised about CJ of the same High Court by a single Judge but unfortunately judicial officers are setting some 'goals' these days which is not good for freedom and fairness of judicial system.

Daksh (Student)     16 June 2010

 

Dear Mr.Basavraj.R,

You have two querries.

1.  Can High Court Judge question his C.J.order?

 

The answer depends upon the judiciary's service rules, High Court Rules, Administrative side rules and the legality/otherwise improprietory of the order.  

 

2.Can he express is opinion about C.J.in an open court?

 

The answer is if the opinion is legal then yes otherwise the personal isssue being morally improper and contrary to the service/high court rules is not permissible.

 

I hope your query gets satisfied.

 

Best Regards

 

Daksh

 

Basavaraj (Asst, Manager-Legal)     16 June 2010

Thanks Mr.Daksh, for your reply.

Arup (UNEMPLOYED)     18 June 2010

NORMALLY IT SHOULD NOT BE, BUT IN EXCEPTIONAL CASE IT CAN BE.

Satya Narayana Palukuru (Advocates & Mediators.)     09 July 2010

There are two opinions available

when a CJ issues admnistrative order as head ,  it can be questioned

when a judicial decision is pronounced  in a bench  of two or more ,it is binding on a single judge

when a decision is taken by a single judge in a case it is only suggestive to other

collegue judge need not necessarily follow him

Please clarify if iam wrong pl

Anil Agrawal (Retired)     11 July 2010

It was bound to happen. The sooner the better. We had kept the judiciary at the highest pedestal. What goes up, comes down.


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