Tanvi Pilane
Published on: March 21, 2022 at 12:21 IST
A Fine of Rs. 25,000 was imposed by the Delhi High Court on a man requesting transfer of his case alleging Bias by the Additional Senior Civil Judge (ASCJ) hearing his matter.
The Court stated the apprehension of Bias of a Judge has to be real and not merely chimerical or fanciful, or a method to try one’s luck before another Court.
The High Court also stated that it would be impossible for Judges to function dispassionately if a Plea for transfer of case without any material is entertained.
The Petition had been filed by Ankur Mutreja, challenging the order of District Judge, Karkardoom Courts, that had refused to transfer his case.
The Appellant argued that the Additional Senior Civil Judge (ASCJ) by an order dated September 15, 2021, dismissed a Review Application filed by him on the ground of limitation despite the Supreme Court having extended the same in view of the Covid-19 pandemic.
Further, the application for rectification of an order by the judge which had been filed by the Appellant had merely been taken on record instead of the order being rectified, and therefore till the order is corrected the error will continue to remain a part of the record and would prejudice him in future proceedings.
The Appellant also argued that when he requested permission to address the arguments in the application under Section 65 of the Indian Evidence Act to bring on record a copy of undertaking given by defendants, the trial court orally expressed its opinion that he would have no Locus Standi.
The Court affirmed the observation of the District Judge that the Petition had not been able to make out any convincing case of legitimate apprehension of bias against the Additional Senior Civil Judge (ASCJ).
The Court noted that the Petition is an example of abuse of process and throws a cloud on the integrity of a judicial officer without any material whatsoever.
The Court hence stated that it was constrained to dismiss the Petition Costs.
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