IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, J.
Narender Bhutani – Appellant
Versus
Anjali Bhutani – Respondent
TR.P.(C.) 21 of 2023
Decided On : 14-08-2023
Recusal - Transfer of Cases - Supreme Court Advocates-On-Record Association and Another v. Union of India (Recusal Matter) - (2016) 5 SCC 808
Fact of the Case:
The court was requested to transfer two cases pending before it to another court due to offensive and intemperate remarks made by the petitioner against the presiding judge. The petitioner had a history of making scandalous remarks against judicial officers and had been issued show-cause notices for contemptuous conduct.
Finding of the Court:
The court rejected the request to transfer the cases and instead directed the registry to register a case of criminal contempt against the petitioner for making scandalous remarks against the judge.
Issues: Transfer of cases, criminal contempt for scandalous remarks against the judge
Ratio Decidendi: The court emphasized the importance of judicial officers discharging their duty to adjudicate the case and not succumbing to pressure from parties making scandalous remarks. It held that seeking recusal and transfer of cases due to scandalous remarks should not be encouraged, and stern action should be taken against the petitioner to uphold the majesty of the court and the law.
Final Decision: The court rejected the transfer request and directed the registry to register a case of criminal contempt against the petitioner.
JUDGMENT
Navin Chawla, J. (Oral)
1. This petition has been registered on a reference dated 07.02.2023 received from the Court of the learned Principal Judge, Family Courts, North District, Rohini Courts, Delhi (hereinafter referred to as the `Principal Judge') vide diary No.2262 dated 10.02.2023, whereby the learned Principal Judge has requested this Court to transfer HMA No. 558512/2016 titled Narender Bhutani v. Anjali Bhutani; and CS No. 08/2019 titled Anjali Bhutani v. Narender Bhutani pending before the said Court to some other Court of competent jurisdiction.
2. In the reference, the learned Principal Judge has stated that the said cases have earlier also been transferred vide order dated 26.04.2017, 28.11.2019 and 19.10.2022 by the predecessor Courts. The petitioner, who appears in person, and the learned counsel for the respondent point out that the cases were earlier transferred from the Court of the learned Judge, Family Court, North District, Rohini Courts, Delhi, against whom the petitioner-Shri Narender Bhutani had made a complaint.
3. The learned Principal Judge has further stated that the application filed by the petitioner has been drafted in an offensive and intemperate manner and, therefore, the learned Principal Judge has sought to recuse herself and sought a transfer of the abovementioned cases.
4. The petitioner, who appears in person, has filed two sets of written submissions, dated 10.03.2023 and 15.07.2023. In the written submissions dated 15.07.2023, I find various scandalous and offensive remarks being made against the learned Principal Judge, which prima facie appear to be without foundation. The petitioner further makes reference to the complaints against some employees of the Court, who are not, admittedly, posted with the learned Principal Judge. He submits that an inquiry against these employees is going on before the said Court. However, the reference itself records that the said complaints have already been disposed of after an inquiry by the Vigilance Committee of the Family Courts. I may quote the relevant observations of the learned Principal Judge as under:
"10. As Mr. Narender Bhutani has drafted the application in a very offensive and intemperate manner and is claiming to be badly prejudiced, it is appropriate that the undersigned seeks recusal and does not try the two above stated matters. (The five complaints i.e. 03 complaints made by the petitioner Mr. Narender Bhutani against the staff of the Court of Mr.Sanjay Jindal, learned Judge, Family Court, North District, Rohini Courts, Delhi and 02 complaint made against the petitioner by the staff of the Court of Mr.Sanjay Jindal, learned Judge, Family Court, North District, Rohini Courts, Delhi have been separately sent to the learned Principal Judge (HQ), Family Courts, Dwarka Courts, New Delhi as it has been informed by the Court staff that the same have already been disposed of after enquiry by the Vigilance Committee of the Family Courts)."
5. The learned counsel for the respondent also points out that the petitioner is in a habit of making scandalous and frivolous remarks against the Presiding Judges and Officers of the Court. For this contemptuous conduct, he was earlier issued a Show-Cause Notice vide order dated 12.01.2018 passed by the Punjab and Haryana High Court in CRM-MM-49222/2017 (O&M). The said notice was discharged vide order dated 09.02.2018, accepting the unconditional apology of the petitioner. The said order reads as under:
"The petitioner, duly identified by his counsel, is present in Court. The petitioner tenders an unconditional apology for addressing letter dated 25.12.2017 to the Registrar (General) of this Court. The petitioner states that it was not his intent to show any kind of disrespect to this Court, but was actuated due to frustration arising out of the matrimonial dispute pending with his wife. The petitioner states that he may be permitted to withdraw letter dated 25.12.2017/the averments therein. It
Judicial officers should resist pressure from parties making scandalous remarks and uphold the majesty of the court and the law.
Point of Law : One of principles of administration of justice is that justice should not only be done but it should be seen to have been done.
Judicial officers cannot be impleaded in civil proceedings, and attempts at forum shopping are to be strictly prohibited to maintain judicial integrity.
Transfer of a case cannot be ordered merely on a perceived notion of bias, and there must be substantial and compelling reasons for a transfer.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.