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S.No.154

Supp.Case List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

TrP (C) 4/2026

ASSADULLAH BHAT AND …Petitioner(s)/Appellant(s).

OTHERS(SENIOR CITIZEN)

Through: Mr. M. Sultan, Advocate

Vs.

GUL DAR AND OTHERS ...Respondent(s).

Through:

CORAM:HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

ORDER

29.04.2026

1. While the matter was being heard, it has come to the notice of this Court that

the petitioners have levelled scandalous and wholly unsubstantiated

allegations against the Presiding Officer of the Court of Sub-Judge, Pattan as

well as the Principal District Judge, Baramulla, without any proof

whatsoever, in paragraph 4 of the petition. For facility of reference, the said

paragraph is reproduced as under:

“That the petitioner further entertain suspicious circumstances

that the Presiding officer of the court of Sub Judge Pattan is

directlyunder theinfluence of Principal District Judge Baramulla,

who is hand in glove with one of the defendants and in these

circumstances, the plaintiff feels that there may be casualty of

justice at the hands of Sub Judge Pattan, who is under direct

influence of the Principal District Judge Baramula. Therefore,

petitioners feel that the case be transferred from the court of Sub-

Judge Pattan to some other court of competent jurisdiction as the

Hon'ble court deems fit in the circumstances of the case, so that

the apprehension entertained by the petitioner coupled with the

conduct of the Presiding Officer, who exhibited bias and

prejudice against the petitioner that he may suffer injustice in the

hands of the said Presiding Officer is taken care of. Therefore, to

vindicate the grievance of the petitioner and to restore the

confidence of the petitioner the case be transferred to some other

courtof competent jurisdiction.

2. When the learned counsel for petitioners, Mr. M. Sultan, who is the author

of the present transfer petition containing the scandalous allegations levelled

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against the judicial officers, was confronted with the averments contained in

the transfer petition, he was unable to substantiate the same even at the

threshold. In view thereof, the learned counsel sought leave to withdraw the

present petition unconditionally.

3. This Court, however, is not inclined to grant such leave. Having regard to the

gravity and seriousness of the allegations made against judicial officers, this

Court cannot permit the petitioners or the counsel representing them to

circumvent judicial scrutiny and the consequences that may ensue therefrom

by resorting to withdrawal of the petition. Permitting such a course would

amount to allowing them to escape the consequences of making reckless,

scandalous, and unsubstantiated allegations, which is wholly impermissible

in law.

4. This Court is constrained to observe that the tendency of litigants to level

unwarranted, baseless, and scandalous allegations against judicial officers

deserves to be curbed with a firm hand. Such allegations, by their very nature,

are not directed against an individual Judge in his or her personal capacity,

but constitute an affront to the dignity, independence, and institutional

integrity of the judiciary. The sanctity of judicial proceedings cannot be

permitted to be sullied by reckless pleadings which, under the guise of

advocacy, seek to malign the judicial process.

5. The Hon’ble Apex Court and various High Courts have on numerous

occasions, unequivocally deprecated the practice of imputing scandalous,

reckless, and unfounded allegations against judicial officers. The Hon’ble

Supreme Court has consistently cautioned that such conduct strikes at the

very root of the administration of justice and has not hesitated to take a stern

view against both the litigants who make such allegations and the counsel

who lend their name to pleadings containing such averments.

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6. It would be beneficial to advert to certain cases of the Hon’ble Supreme

Court wherein this pernicious practice has been expressly disapproved and

deprecated.

7. The Hon’ble