The Allahabad High Court stated “It is difficult for a judge in the civil court to exercise his jurisdiction freely if he constantly works, not just aware of the professional routine of having his orders overturned by a superior court but also of the personal peril of harm to his career if he were to pass orders of effective consequence that his conscience says he must,”
Allahabad: On Monday (22nd April): The Allahabad High Court raised concern about the difficulties faced by district judges in freely exercising their jurisdiction due to the fear of administrative complaints and subsequent transfers.
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The court also expressed its concern over the district judges’ constant threat of being transferred based on baseless allegations of bias. The ruling came in response to a writ petition filed by Maya Devi, seeking possession of a property.
Justice J. J. Munir, while dismissing Maya Devi’s petition, emphasized that District judges often face transfer applications based on unfounded and absurd allegations of bias. This situation not only hampers their ability to exercise jurisdiction without fear but also poses a potential risk to their careers. Judges find it challenging to pass orders that have significant consequences, as they fear personal repercussions.
“It is difficult for a judge in the civil court to exercise his jurisdiction freely if he constantly works, not just aware of the professional routine of having his orders overturned by a superior court but also of the personal peril of harm to his career if he were to pass orders of effective consequence that his conscience says he must,” said the high court.
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The court lamented the petitioner’s choice to file her plea before the police and other authorities instead of the appropriate civil court. The court emphasized that civil courts have become lethargic due to various factors, including frequent strikes that disrupt judicial proceedings and prevent timely resolution of cases. This situation has led to a lack of confidence in civil courts, making them less appealing to those seeking quick relief.
The court held that all these factors combined have made the civil court “a place of somewhat non-promising resort” for someone who seeks and requires quick relief.
The Allahabad High Court recognized the combined impact of these factors, which has resulted in civil courts becoming less promising for individuals seeking swift resolution. The court acknowledged citizens’ dissatisfaction with the functioning of civil courts but emphasized the importance of approaching the appropriate legal forum for redress.
Background
Maya Devi had purchased a plot through a registered sale deed in Kanpur Nagar. However, she alleged that she was prevented from taking possession of the land by Vir Bahadur Singh and his associates. Despite lodging a complaint with the sub-divisional magistrate and filing an FIR under the SC/ST Act, no action was taken.
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Consequently, Maya Devi’s husband, a head constable with the Provincial Armed Constabulary, wrote to higher authorities seeking intervention. Finally, Maya Devi approached the High court, seeking a writ of mandamus for the delivery of possession.
