Nothing is "rotten" here, Allahabad HC to tell SC

Taking a serious view of its strong indictment by a Supreme Court bench, the Allahabad High Court has decided to move the apex court for expunging critical remarks against it like "something is rotten" out there.

Updated: Dec 03, 2010, 20:09 PM IST

Allahabad: Taking a serious view of its
strong indictment by a Supreme Court bench, the Allahabad High
Court has decided to move the apex court for expunging
critical remarks against it like "something is rotten" out
there.

Sources said today that judges of the Allahabad High
Court at a meeting on November 26 voiced their anger over the
Supreme Court`s critical observations against its functioning
and for raising questions about its integrity.
The meeting decided to move an application before the
Supreme Court for expunging the critical remarks.

While hearing an appeal against a stay order passed by
the Allahabad High Court last week, an apex court bench
comprising justices Markandey Katju and Gyan Sudha Mishra
said, "Something is rotten in the State of Denmark, said
Shakespeare in Hamlet, and it can similarly be said that
something is rotten in the Allahabad High Court."

The bench also asked the chief justice of the high
court to take some strong measures, including recommending
"transfers of the incorrigibles".

It had made the observation in a 12-page order, while
making the insinuation that several judges of the high court
suffer from `uncle judge` syndrome, which refers to judges
passing favourable orders for parties represented by lawyers
known to them.

Ravi Kiran Jain, senior advocate, Allahabad High Court,
said the judges of the high court should file a contempt
petition.
"There is no reason to escape such a notice ...the
only remedy made available to the High Court to correct this
damage which has already been done is to issue a notice of
contempt to the judges (of Supreme Court).

"By moving a review petition to get remarks expunged
is not a remedy. The damage has already been done and can be
rectified only and only by issuing a show cause notice," Jain
said.

The SC bench made the critical remarks while scrapping
a single-judge bench order of the Allahabad High Court which
had asked a Bahraich-based Waqf Board to temporarily allot a
portion of its land in May-June this year to the proprietors
of a circus for its show during an annual fair.

"The faith of the common man in the country is shaken
to the core by such shocking and outrageous orders," said
justices Katju and Mishra had said.

"We are sorry to say but a lot of complaints are
coming against certain judges of the Allahabad High Court
relating to their integrity," said the bench, without
disclosing the contents of complaints.

Referring to the rampant `uncle judge` syndrome
allegedly plaguing the high court, the apex court bench had
said, "Some judges have their kith and kin practising in the
same court.

"And within a few years of starting practice, the sons
or relations of the judge become multi-millionaires, have huge
bank balances, luxurious cars, huge houses and are enjoying a
luxurious life.

"This is a far cry from the days when the sons and
other relatives of judges could derive no benefit from their
relationship and had to struggle at the bar like any other
lawyer," the bench added.

PTI