2 months, 1 week ago

Accusing Judge As Corrupt In Open Court, Does It Not Lower Image Of Judiciary?

Recently, I went through a judgment delivered by the Bombay High Court in the matter of S.B. Patil, 7th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Thane, had made a reference to the High Court under the provisions of Section 15 of the Contempt of Courts Act, 1971, stating that one Manubhai Patel i.e. Upon this, the judge issued a notice to him calling upon him to show cause as to “why reference under the provisions of Contempt of Courts Act should not be made to the High Court.” Thereafter, the said Manubhai Patel filed another application making scandalous and wild allegations against the Judge about demand of illegal gratification. The High Court came to the conclusion that the said Manubhai Patel “has made personal allegations against the judicial officer due to the time consumed in the litigation and we find that though the Judicial Officer might be justified in adjourning the matter, however it seems that the litigant got disturbed due to the delay and the time consumed in the litigation, and hence he made personal allegations against the referral Judge of seeking illegal gratification for hearing the matter”.. 2 The High Court further observed that “considering that these are the personal remarks made against the concerned Judge, and it do not amount to 'causing interference', in the administration of justice or lowering the authority of the Court and it does not attract Section 15 of the Contempt of Courts Act. The High Court further observed that 'though the Judicial Officer might be justified in adjourning the matter it seems that the litigant got disturbed due to the delay and the time consumed in the litigation, and hence he made personal allegations against the referral Judge of seeking illegal gratification for hearing the matter'.

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