The High Court of Jammu & Kashmir and Ladakh has cautioned litigants and members of the Bar against making unsubstantiated and scandalous allegations against judicial officers, stating that such conduct undermines the independence and institutional integrity of the judiciary.
The single-judge Bench of Justice Wasim Sadiq Nargal on Wednesday directed the petitioners to file unconditional apologies for levelling allegations of bias against judicial officers without any supporting material.
The Court held that reckless and defamatory pleadings against judges amounted to an abuse of process and could not be permitted under the guise of legal advocacy. It observed that such allegations not only harmed individual judicial officers but also eroded public confidence in the administration of justice and violated the principle of judicial independence.
The single-judge Bench emphasised that allowing such claims to circulate without cogent evidence would have a chilling effect on the justice delivery system. It issued a general warning that any repetition of such conduct would invite action in accordance with law, including possible proceedings for contempt of court.
The issue arose from a transfer petition filed by senior citizens, who alleged bias on the part of a subordinate court. They claimed that the presiding sub-judge was influenced by the Principal District Judge and acting in collusion with certain defendants. On this basis, they sought the transfer of their civil case to another court.
However, the High Court found that the allegations were wholly unsubstantiated and lacked evidentiary backing. When questioned, the counsel for the petitioners sought permission to withdraw the plea.
The Bench refused to allow withdrawal at that stage, holding that litigants cannot evade judicial scrutiny after making serious and scandalous allegations. It stated that permitting withdrawal would defeat the administration of justice and allow abuse of the judicial process.
Instead, the Court directed the petitioners to file separate affidavits expressing an unconditional apology, demonstrating bona fide remorse, and undertaking not to repeat such conduct. The affidavits have to be filed within one week.
The Court also criticised the drafting of the petition and noted that pleadings must be verified and supported by material particulars. However, considering the counsel’s seniority, it refrained from passing coercive orders and issued a formal warning to ensure due diligence and professional responsibility in future filings.
The single-judge Bench kept the matter pending for compliance and listed the case on May 6.
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