Incorrigible proof must for accusing judicial officers: HC

Last Updated: Wednesday, October 6, 2010 - 22:03

Allahabad: Mere allegations against judicial officers are not warranted unless they are substantiated with "incorrigible proof", the Allahabad High Court said on Wednesday.

The remarks were made by Justice Rakesh Tiwari while dismissing a writ petition of Deen Dayal Upadhyay who had challenged an order passed by the District Judge, Varanasi, on August 21 this year.

Upadhyay was involved in a litigation with his landlord and he had moved a transfer application before the District Judge, Varanasi, alleging that the civil judge hearing the case was taking "extraordinary interest" in the matter.

He had further alleged that his landlord`s son and the civil judge`s brother, both of them residents of Allahabad, were neighbours and he feared that judgement in the litigation may get "influenced" in favour of the opposite party.

However, the District Judge, Varanasi, turned down the transfer application and Upadhyay moved the High Court challenging the District Court order.

The High Court rejected the petition and imposed a deterrent cost of Rs 15,000 on the petitioner observing that his intention was to delay the proceedings of the litigation in which he was involved and that he had made an allegation which was mala fide and without any basis.

"Mere allegations against judicial officers are not warranted unless they are substantiated with incorrigible proof", the court remarked.

PTI



First Published: Wednesday, October 6, 2010 - 22:03

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