Making Irresponsible Insinuations On Judiciary Has Become A Fashion: Allahabad HC Urges Superior Courts To Protect Subordinate Courts

The Allahabad High Court has expressed concern over judiciary being subjected to unfounded and unsubstantiated allegations by people.

The bench of Justice Vivek Kumar Birla and Justice Rahul Chaturvedi noted that making irresponsible insinuations upon the judiciary or its officers has now become a fashion. The Court also added that the higher courts are duty bound to save the dignity and honour of the system and ensure that no person is permitted to make wild allegations against the integrity and character of any judicial officer.

“Making irresponsible insinuations upon the judiciary or its officers has now become a fashion. This unholy practice has to be whole-heartedly discouraged and deplored by every responsible person of the society. Judiciary is one of the strongest pillars of any healthy democracy. This fact receives more significance when recently we have celebrated our 75th Independence Day. In order to strengthen the foremost pillars of democracy, there should be mutual regard. The subjects of that democracy too are expected to not become liberal and irresponsible in their expression. The Superior Courts are bound to protect their subordinate courts.”, the Court noted.

In this case, the petitioner had made allegations of nexus between the concerned presiding officer of lower Court and the informant/petitioner’s opponent in a criminal case registered against the petitioner.

The petitioner took a strong exception of preponing of date by the presiding officer and alleged conspiracy between the Presiding officer and petitioner’s opponents. Thus the petitioner prayed to initiate prosecution and inquiry against the presiding officer.

“We are now-a-days living in a democracy in its ugliest form; where nobody has got any regard for any institution. This is unholy and dangerous sign that all and sundry are making unfounded and unsubstantiated allegations against judiciary in an irresponsible manner.”, the Court observed.

The Court also added that "...people at large are now making unwarranted and unsubstantiated and canards against the judicial officers relying upon their whims and capricious and making irresponsible allegations of dishonesty. The higher courts are duty bound to save the dignity and honour of the system in general and the individual judicial officer as well that no person is permitted to make a sweeping and wild allegations regarding the integrity and character of any judicial officer.

The Court asserted that if petitioner is aggrieved by any order passed by the trial Court he can challenge the same in judicial capacity in the higher courts.

“It is very easy to make insinuation against the presiding officer like this. We do not find any substantial record on the basis of which it may hold that either presiding officer has been approached or the petitioner has been nurtured holds water. The allegation as has been fastened by the petitioner against the presiding officer is too vague and conjectural and perhaps even irrelevant and simply cannot persuade us.”, the Court noted.

Thus the Court dismissed the petition filed by the petitioner while imposing a cost of Rs. 50000.

Cause Title- Ravi Kumar v. State Of U P & 2 Others

Click here to read/download Judgment