Delhi HC: Conduct of Judges Should Not Cause Apprehension of Bias

Delhi High Court Law Insider

Shivani Thakur

Published on: June 6, 2022, at 17:37 IST

In the case of Aditi Bakht v. Abhishek Ahuja, the Delhi High Court stated that judges should not conduct in a way that causes litigants and counsel to suspect prejudice.

The Petitioner filed CM (M) 47/2022 to overturn the impugned judgement prohibiting her from relocating her young child from Delhi. The Petitioner requested that the proceedings in the Guardianship Petition titled “Abhishek Ahuja v. Aditi Bakht” be transferred to any other court, as well as all pending applications before learned Judge Sh. Sanjeev Kumar Singh.

The Petitioner mother was enraged and filed CM(M) No.211/2022, appealing the impugned order on the grounds that it concentrated entirely on the rights of the father and his family, ignoring the minor child’s comforts.

The Petitioner was ordered by the Family Court not to remove the minor child from Delhi until the next hearing date. Without a new order placing any travel restrictions on the petitioner, the learned Judge Family Court would not have restored it.

Respondent’s contentions include that the order was issued after careful consideration of all facts and circumstances and the application of the judicial mind. In the absence of any criminality, there was no need to interfere.

During the proceedings, the Family Court disclosed his personal mobile phone number with the parties, and the respondent father met the judge in his chambers on his own.

The Bench observed, “The allegation of bias needs to be evaluated on the premises of reasonable apprehension of bias. It is a settled proposition that “mere apprehension of bias” and not “actual bias” may be sufficient to exercise the power of transfer. This court would neither make any comment on the merits of the case nor has doubt over the integrity, neutrality and Judicial Independence of the learned Judge.”

“However, unfortunately the conduct of the judge has unnecessarily given a cause of reasonable apprehension of bias. The judges must remind themselves time and again that every conduct is observed and noted by the litigants and therefore, knowingly or unknowingly they may not act in any manner which gives rise to even slightest of doubt in the minds of the litigants and lawyers”.

Court held that both the petitions were disposed of with certain directions.

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