Justice Must Appear Done: High Court Relocates Civil Suits Amidst Concerns of Local Bar Influence

In a significant ruling aimed at preserving the sanctity of the judicial process, the High Court of Punjab and Haryana at Chandigarh has ordered the transfer of two civil suits from Garhshankar to Hoshiarpur. The decision, delivered by Justice Archana Puri, underscores the judiciary's commitment to the principle that justice must not only be done but must also be seen to be done.

The Backdrop: A Dispute Over Sacred Grounds

The case involves a property dispute concerning the Samadian Shiv Mandir Qila located in village Lasara, District Hoshiarpur. The litigation, initiated by Mahant Sitaram Dass against Onkar Singh and Janak Raj, became mired in controversy when the applicants raised serious concerns regarding the influence of a local lawyer, Madhu Bala, who is reportedly associated with the petitioner.

The applicants alleged that Madhu Bala holds significant sway over the local Bar at Garhshankar. As evidence of this influence, they pointed to a recent instance where the entire local Bar refrained from work to support her interests in a separate legal conflict.

Arguments from the Trenches

The petitioners argued that their apprehension of bias was grounded in reality, citing an instance of the Garhshankar Bar’s intervention in proceedings before the Sub-Divisional Magistrate. They contended that such collective action by legal practitioners to protect a fellow member creates an environment where fair adjudication becomes difficult for the opposing party.

Conversely, the respondent dismissed these claims as tactical maneuvers. Counsel for Mahant Sitaram Dass argued that the transfer applications were merely an attempt to delay the civil suits. They maintained that Madhu Bala has no stake in the outcome of the property litigation beyond being a follower of the Mahant, and that the allegations of influence are unsubstantiated fabrications.

The Court’s Reasoning

Justice Archana Puri emphasized that while there is no "cast-iron formula" for transfer applications, every case must be viewed through the lens of public confidence. The Court acknowledged that while it expects courts to function impartially regardless of external pressures, the optics of the situation—specifically the Bar's past strike—validated the applicants' concerns.

> "The underlying principle is that ‘justice should not only be done, but it should also appear to have been done.’"

The Court further observed that the involvement of the Bar, even if purportedly for the benefit of a member, creates a structural imbalance that warrants intervention.

> "When the entire Bar had gone on strike... the reason for apprehension in the minds of the applicants, is seemingly genuine."

Final Verdict and Implications

Balancing the interests of both parties, the High Court allowed the transfer petitions. The civil suits ( CS/79/2025 and CS/461/2024 ) have been moved from Garhshankar to the District and Sessions Judge at Hoshiarpur. The Judge will now assign these matters to a court of competent jurisdiction.

Parties have been directed to appear before the designated court within one month. This decision serves as a reminder to the legal fraternity that the integrity of the courtroom must remain insulated from local pressures and the perceived influence of practitioners, ensuring that the judicial forum remains a neutral ground for all litigants.

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Key Observations

• "There is no cast iron formula, for considering the transfer applications. Each case has to be decided on its own facts and circumstances."
• "The underlying principle is that ‘justice should not only be done, but it should also appear to have been done.’"
• "When the entire Bar had gone on strike... the reason for apprehension in the minds of the applicants, is seemingly genuine."
• "The intereference of the Bar, cannot be ruled out, though it may be with the sole purpose to support the Bar member. This is definitely going to cause inconvenience to the applicants, at one moment or the other."