The Supreme Court has expressed disapproval over a High Court judge entertaining proceedings involving a person who had previously been the judge’s client when he was practising as an advocate.
A bench comprising Justices Sanjay Kumar and Sanjeev Sachdeva observed that a judge ought not to pass orders either in favour of or against a former client, emphasising the importance of maintaining judicial impartiality and avoiding circumstances that could give rise to a perception of bias.
The observations arose from a dispute concerning proceedings before the Uttarakhand High Court. The case involved a writ petition in which the scope of adjudication was subsequently expanded to examine issues relating to land belonging to a former client of the High Court judge.
The Supreme Court took exception to the manner in which the proceedings were dealt with, particularly since the judge had previously represented the concerned party as an advocate.
The Court underscored that a judge’s previous professional relationship with a litigant can raise legitimate concerns regarding the appearance of impartiality. Judicial adjudication, it noted, must not only be fair but must also inspire confidence among litigants and the public.
The bench accordingly stressed that judges should exercise caution when matters concerning former clients come before them. The principle assumes significance because the transition from the Bar to the Bench requires a clear separation between a judge’s former professional engagements and subsequent judicial responsibilities.
The Supreme Court’s observations came while considering the matter arising from proceedings involving Prateek Resorts and Builders Private Limited and Puneet Agrawal.
The Court’s intervention reinforces the broader principle that judicial propriety extends beyond actual bias. Even where there may be no demonstrated personal interest or prejudice, circumstances that could reasonably create an apprehension of partiality warrant careful consideration.
The Supreme Court’s observations serve as a reminder that maintaining the credibility of the judicial process requires judges to avoid situations in which their previous professional associations with litigants could potentially cast doubt on the neutrality of adjudication.
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