“Passing such a reckless order, ignoring basic legal principles, is highly improper and violates the fundamental rights conferred by Article 21 of the Indian Constitution, which seeks to protect personal liberty. Such rashness reflects a complete lack of probity, sensitivity, humanism, understanding, detachment, and judicial discipline, the latter being of utmost importance,” Justice Chauhan stated in a June 21 order.
Himachal Pradesh: The Himachal Pradesh High Court recently slammed a civil court judge for issuing a “terrifying order” to take coercive actions against a judgment debtor (the person against whom a civil court decree is passed) without first issuing notice.
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The civil court’s order aimed to enforce a trial court’s decree for monetary payment. However, the executing court’s failure to notify the judgment debtor before ordering coercive measures alarmed the High Court.
On May 24, the High Court demanded an explanation from the executing court, and the civil judge subsequently offered an unconditional apology.
Justice Tarlok Singh Chauhan of the High Court accepted the apology but issued a warning against such orders.
“Passing such a reckless order, ignoring basic legal principles, is highly improper and violates the fundamental rights conferred by Article 21 of the Indian Constitution, which seeks to protect personal liberty. Such rashness reflects a complete lack of probity, sensitivity, humanism, understanding, detachment, and judicial discipline, the latter being of utmost importance,”
Justice Chauhan stated in a June 21 order.
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In his apology, the civil judge explained that he issued the contentious order to ensure the decree was executed within six months, in line with the Supreme Court’s directives for expeditious execution of decrees.
He stated that he made short orders for brevity and to avoid repeating caveats, given the court’s heavy caseload and insufficient infrastructure and staff.
However, the judge admitted these issues did not excuse his lapse and asked the High Court to pardon the error. The High Court emphasized that while expeditious disposal of execution petitions is essential, legal requirements cannot be ignored.
The High Court highlighted that the Code of Civil Procedure mandates issuing a show-cause notice to the judgment debtor before initiating coercive steps. The High Court recorded the civil judge’s apology and decided not to take further action against him.
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The court emphasized that everyday court business rush or oversight does not justify such an improper order.
“The excuse of the daily rush and hurry of court business or an oversight cannot justify such a perverse order. No judge should have issued such a terrifying order, which is judicially improper and disturbs the conscience of this court. If made widely known, it would tarnish the judicial process’s reputation in public and among the Bar, shaking people’s confidence in the institution that dispenses justice as the guardian of the law. The public places blind faith and implicit trust in the courts to deliver justice according to the law, despite all challenges they may face before seeking justice,”
the High Court stated.
Case Title: Surjan Singh V. Jawahar Lal
