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1971 Supreme(SC) 211

SUPREME COURT OF INDIA
[BEFORE K. S. HEGDE, A. N. RAY AND P. JAGANMOHAN REDDY, JJ.]
AMRIK SINGH
Versus
STATE (DELHI ADMN.)
In the matter of proceedings for Contempt of Court in Transfer
Petition No. 16 of 1968, decided on March 24,1971

Important Points

A party challenging the competence of a judicial bench on grounds of bias or interest must substantiate such allegations by filing an affidavit setting out the supporting facts.

Subject

Criminal Law - Contempt of Court

Act Referred

Headnote

(A) Contempt of Court - Composition of the Bench - Allegation of interest by judges - Petitioner challenged the competence of the Bench on the grounds that two judges were interested in the matter - Court directed the petitioner to file an affidavit setting out the facts supporting the allegations.

Facts of the case:
During the hearing of a criminal miscellaneous petition, the petitioner raised an objection to the composition of the Bench, alleging that two of the judges were interested in the case and thus incompetent to hear it. It was noted that in a previous petition, the petitioner had made similar allegations against almost all judges of the court, except the then Chief Justice and one other judge.

Findings of Court:
The court directed the petitioner to file an affidavit providing the facts to support the allegations of interest and incompetence.

Issues: Whether the petitioner's objection to the composition of the Bench was substantiated by facts.

Ratio Decidendi: The court required the party making allegations of judicial bias or interest to substantiate such claims through a formal affidavit.

Result: Not provided in the text.

Legal Category Hierarchy

  • practice and procedure
    • judicial conduct
      • bias and recusal

Judgment

Hegde, J.-A Cnminal Miscellaneous Petition in Transfer Petition No. 16 of 1968 was listed before this Bench on March 22, 1971. When the petition was taken up for hearing the petitioner Amrik Singh raised an objection to the composition of the Bench. He suggested that two of the Judges constituting the Bench are interested in the case and therefore they are incompetent to hear this matter. In view of this representation we directed him to file an affidavit setting out the facts supporting his allegation. At this stage I may mention that at an earlier stage in Criminal Miscellaneous Petition No. 569 of 1968, he had alleged that all the Judges of this Court excepting the then Chief Justice, Justice Hidayatullah, and one other Judge were incompetent to hear his transfer application as they were all concerned in the case. Possibly because of the said allegation the learned Chief Justice thinking that justice must not only be one

For Citation : (1971) 3 SCC 215.

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