ALLAHABAD HIGH COURT
DHANANJAYA YESHWANT CHANDRACHUD, CJ.
Asok Pande & another (P.I.L.) – Appellants
Vs.
Allahabad High Court, through The Registrar General, Allahabad – Respondent
Misc. Bench No. 735 of 2014
Decided On : 07/03/2014
Misbehaviour - Transfer of Writ Petition - United Provinces High Courts (Amalgamation) Order, 1948 - Clause 14
Fact of the Case:
The petitioners sought a writ of certiorari cancelling the order of the Chief Justice transferring a learned Judge from the Lucknow Bench to the principal seat of the High Court at Allahabad. They also sought an open and transparent enquiry and a grievance redressal mechanism against Judges of the Court and subordinate Courts.
Finding of the Court:
The Division Bench directed the transfer of the writ petition to the principal seat of the High Court at Allahabad based on allegations of misbehaviour and corruption, despite the petitioners' objections.
Issues: The issues raised in the petition pertained to misbehaviour, corruption, and inappropriate actions by Judges, leading to a disruption of the work of the High Court.
Ratio Decidendi: The power of transferring a case under Clause 14 of the Amalgamation Order is not confined to situations where similar petitions are pending at Allahabad or to avoid conflict of decisions. The interest of justice may require a transfer based on prevailing situations and the overall interest of the administration of justice.
Final Decision: The Court ordered the transfer of the writ petition along with records to the principal seat of the High Court at Allahabad.
By an order of a Division Bench dated 17 February 2014, a direction was issued to the Registry to place the writ petition before the Chief Justice for the exercise of discretion under Clause 14 of the United Provinces High Courts (Amalgamation) Order, 1948.
2. The genesis of the petition is explained by the two petitioners, who appeared in person, in paragraphs 4, 5 and 6 of the writ petition, the relevant portion of which is extracted herein below:
'That coming to the subject matter of the PIL, a few days ago Justice Dr. Satish Chandra allegedly misbehaved with a lawyer during a hearing on 22/01/2014. Following the incident, the Oudh Bar Association (OBA, for short) had allegedly passed a resolution against Justice Dr Chandra and had alleged stated that lawyers will not resume judicial work till Justice Dr Chandra was transferred. As per the media reports and the personal experience of both the petitioners, most of the lawyers of the OBA abstained from work.
That in short, for many days there was almost a complete boycott/strike of the lawyers at the Lucknow bench of this Hon’ble Court. That as per the media reports and the personal knowledge of the petitioners, the OBA called off their week-long boycott of judicial work on 29/01/2014 (Wednesday) following the shifting of Justice Dr Chandra from Lucknow bench to Allahabad.
3. The petitioners have sought (i) a writ of certiorari cancelling the order of the Chief Justice by which a learned Judge of this Court is to sit at the principal seat of the High Court at Allahabad instead of the Lucknow Bench; (ii) a mandamus that an open and transparent enquiry be conducted; and (iii) a mandamus to frame a transparent grievance redressal mechanism where every advocate, litigant and citizen can register his formal complaint against Judges of this Court or against Judges or Magistrates of any other subordinate Courts under the administrative jurisdiction of the High Court so that each complaint is enquired into and the enquiry report is made public to the extent permissible under law.
4. When the petition came up for hearing before a Bench of Hon’ble Mr. Justice Imtiyaz Murtaza and Hon’ble Mr. Justice D.K. Upadhyaya, the Division Bench made a reference to various averments contained in the petition, more particularly to those in paragraphs 31, 32, 33 and 34 which read as follows:
'That the petitioners also hear that money changes hands in corrupt manner in the lower courts to an extent that can be called horrible and shameless -completely disgusting. Most of the advocates say these words and many of the petitioners friends have given specific examples in this regards which they don’t find appropriate to mention here because it is a subject matter of other specific complaints.
That if feels sad to state that even among the High Court Judges, the allegations of financial corruption is raised every now and then. The petitioner No.1 knows of at least two Judges whom the then Chief Justice of this Hon’ble Court stopped from so many routine works, solely on the basis of charges of serious corruption. It is again sad but true that charges of serious corruption were often raised against some other Judges of this Hon’ble Court whose names the petitioners don’t want to disclose in good taste and for decency.
That the petitioners were also individually subjected to misbehaviour by some of the Judges of this Hon’ble Court while the petitioner No.1 faced personal misbehaviour at Hon’ble Gujarat High Court and even at Hon’ble Supreme Court regarding which the two petitioners sent complaints to various authorities on which no action has been taken so far.
That thus misbehaviour, corruption and inappropriate actions have certainly come to occupy space in present day judicial working.
5. The Division Bench observed that the first petitioner is a lawyer practising primarily at the Lucknow Bench, while the second petitioner has stated that she has been filing a large number of public interest litigat
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