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Bhartiya No. 1 (Nationalist)     27 November 2010

Something rotten in Allahabad High Court: SC

Plz. have look at the news item below, It is a grave matter,

 

Something rotten in Allahabad High Court: SC

Posted: Fri Nov 26 2010, 14:59 hrs New Delhi:

In a strong indictment of the Allahabad High Court, the Supreme Court on Friday observed that "there is something rotten" there and raised serious questions over integrity of several of its judges.

"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," said a Bench of justices Markandey Katju and Gyan Sudha Mishra, adding the high court "really needs some house cleaning".

The Bench also asked the chief justice of the high court to take some strong measures, including recommending "transfers of the incorrigibles".

It made the observation in a 12-page order, while making the insinuation that several judges of the high court suffer from 'uncle judge' syndrome, which refers to judges passing favourable orders for parties represented by lawyers known to them.

The Bench flew into a rage while scrapping a single-judge Bench order of the Allahabad High Court which had asked a Bahraich-based Waqf Board to temporarily allot a portion of its land in May-June this year to the proprietors of a circus for its show during an annual fair.

"The faith of the common man in the country is shaken to the core by such shocking and outrageous orders," said Justices Katju and Mishra.

"We are sorry to say but a lot of complaints are coming against certain judges of the Allahabad High Court relating to their integrity," said the Bench, without disclosing the contents of complaints.

Referring to the rampant 'uncle judge' syndrome allegedly plaguing the high court, the apex court Bench said, "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," the Bench added.

The judge, however, sought to add a note of caution, saying, "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," the judges observed.

"There are other serious complaints also against some judges of the high court," they said in a joint order, adding, "The Allahabad High Court really needs some house cleaning (both Allahabad and Lucknow Bench).

"We request 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," justices Katju and Mishra said and also asked the apex court treasury to send their order to the Allahabad High Court chief justice to "do the needful".

The judges had flown off the handle, after detecting some legal errors in the high court order, which included absence of territorial jurisdiction to pass it as Bahraich falls under the jurisdiction of the high court's Lucknow Bench.

The high court had also granted full legal relief to the circus proprietor in an interim order, which is barred in judicial proceedings, the apex court Bench pointed out.

 

https://www.indianexpress.com/news/something-rotten-in-allahabad-high-court-sc/716485/0



Learning

 9 Replies

Swami Sadashiva Brahmendra Sar (Nil)     27 November 2010

It is a cronic disease. In a decade ago there had been mass transfer of uncle judges. A good policy was initiated  that  after appointment,  judges were to be transfered to  other state . But this system vanished in  few years.

2 Like

Bhartiya No. 1 (Nationalist)     27 November 2010

Good Health of Judiciary is neccessary/essential for common mass who see the hope in it. So time to time it must go thru the routine health check-ups. Some cleaning action must be done at any cost to save the image of judiciary.

It is law which makes us different from the animals.

Arup (UNEMPLOYED)     27 November 2010

SC IS RIGHT.

Bhartiya No. 1 (Nationalist)     28 November 2010

Some concrete and drastic action is needed/expected by the SC, not only observation. The more the people is qualified and is in responsible post the more severe punishment he/she should get.

What the Justices of Allahabad HC have done is nothing short of treason.

Bhartiya No. 1 (Nationalist)     09 December 2010

Allahabad High Court files expunction application

New Delhi,

J. Venkatesan

Full Court takes serious exception to Supreme Court's remark

In a rare instance of a High Court approaching the Supreme Court for redress of grievances, the Allahabad High Court, offended by its remark that “something is rotten in the Allahabad High Court,” has filed an application for expunction. The application, filed on Tuesday, said general remarks like the one made in the November 26 judgment should not have been made as it was not the proper occasion for the Supreme Court to do so. There were other mechanisms available for making such remarks and addressing the issues raised in the judgment.

The application was filed on the decision of the Full Court, which took serious exception to the observations.

In its judgment, the Supreme Court Bench of Justices Markandey Katju and Gyan Sudha Misra had said: “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.”

The Bench added: “We are sorry to say but a lot of complaints are coming against certain judges of the High Court relating to their integrity. Some judges have their kith and kin practising in the same court, and within a few years of [their] starting practice, the sons or relations become multimillionaires, 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.”

The Bench said: “There are also other serious complaints against some judges. The High Court really needs some house cleaning [both the Allahabad and Lucknow Benches], and we request the Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfer of the incorrigibles.”

 

https://www.thehindu.com/news/national/article940143.ece

Bhartiya No. 1 (Nationalist)     10 December 2010

Apex court has refused to take back/expunge the remarks made at Allahabad HC, Plz have look at the news below,

 

Apex court won't expunge barb against Allahabad High Court

2010-12-10 19:10:00

 

New Delhi, Dec 10 (IANS) The Supreme Court Friday refused to expunge its 'something is rotten' barb about the Allahabad High Court, holding that everybody knew which judge of the court was corrupt.

'Rustics are no longer rustics. Don't think people are fools,' Justice Markandey Katju said no sooner had senior counsel P.P Rao risen to argue a petition by the Allahabad High Court urging that the barb be expunged.

'We will make a clarification but not expunge the remarks,' said the bench of Justice Katju and Justice Gyan Sudha Misra - the same bench that had slammed the Allahabad High Court Nov 26 for nepotism and corruption and for passing orders on 'extraneous considerations'.

'The day Justice Katju takes a bribe everybody will come to know,' Justice Katju said, adding that he talked about the Allahabad High Court as his family was connected to it for last 100 years.

The high court, in its petition, said that the apex court only exercised appellate jurisdiction over the verdicts of the high courts. The apex court has also held that it 'does not exercise any supervisory powers as such over the high courts'.

Being the country's oldest high court, it deserved some degree of protection, the petition had said.

In the Nov 26 judgment, the apex court said: 'We are sorry to say but a lot of complaints are coming against certain judges of Allahabad High Court relating to their integrity.'

'Some judges have their kith and kin practicing in the same court, and within a few years of starting practice, the sons and relations of judges become multi-millionaires, have huge bank balances, luxurious cars, huge houses and enjoy a luxurious life.'

'This is a far cry from the days when the sons and other relatives of judges could drive no benefit from their relationship and had to struggle at the bar like any other lawyer,' the court had said. SEARCH

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https://sify.com/news/apex-court-won-t-expunge-barb-against-allahabad-high-court-news-national-kmktknadeec.html

Swami Sadashiva Brahmendra Sar (Nil)     13 December 2010

It is general opinion of allahabd High Court  bar that  the apex court is wrong to the extent that it has named a particular High Court. The remark is true about entire legal system in the country including apex court itself. Reason for naming Allahabad is that one of the judges of apex court making remark has more information and personal knowledge about Judges and Lawyers of Allahabad High Court  than other High Courts.

-Team Tripathi

1 Like

Bhartiya No. 1 (Nationalist)     13 December 2010

Exactly sir, 

It is true that "The remark is true about entire legal system in the country including apex court itself."

It needs overhaul and relook as people are fed up with this system. process and paraphenallia attached is very time consuming.

There are several wheels inside a wheel is there, worst time consuming is filling successive revisions and sending back in remands.

S.Y.NARAYANAN (Chief Design Engineer)     10 June 2011

The Hon'ble Supreme court comments on the Hon'ble HC of Allahabad appears very much reliable to me as I had a recent experince myself. With great diffculty we as middle income group home buyers managed, an interim injunction from the district consumer disputes redressal forum, on the construction of a shopping building in illegal proportions deviating widely from approved drawings and in explicit violation of the building by-laws stipulated by the National building code and the local authority. In retaliation, the builder went to the Hon'ble Allahabad High Court and obtained a ex-parte stay on the interim injunction orders of the Hon'ble forum. The Hon'ble HC Division Bench have impunged the injunction orders ex-parte without even giving notice to respondents and without even reviewing prima-facie the facts and circumstances of the restrainment orders passed by the Hon'ble Forum. This relief by the Hon'ble HC has given the builder freedom to proceed with the construction of the un-authorised construction in injurious proportions which once completed will anytime trigger a tragedy similar to the "upahaar cinema, Delhi, tragedy of 1997" as the state fire fighting apparatus cannot reach the residential towers of 20 floors due to the obstruction created by the shopping building. Now we are running to Allahabad to file a counter affidavit and plead our case. The entire purpose of institution of Consumer Courts has been lost due to the casual attitude of Hon'ble HC of Allahabad. If general public has to run to HC and other higher courts for after spending time in Consumer Courts the very purpose of Consumer Courts is lost.


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