- (1.) PALOK Basu, J. How onerous the responsibility of this Court becomes on such occasions when a very respected Senior Counsel of this Court and a trusted and ex perienced officer of the subordinate judiciary come to such a mutual misunderstanding.
(2.) AN unfortunate incident of 17. 9. 91 came to an end temporarily with a strike call by the members of the Bar of Allahabad District Court and a resolution by the Subordinate Judiciary condemning the incident said to have happened in the court of the officer concerned involving the petitioner. It is not disputed that for enough length of time Sri S. P. Malviya as a prosecuting Counsel had been appearing in the Court of Sri R. S. Pandey, Special Chief Judicial Magistrate, Allahabad. In matters which came up before him. On no occasion prior to 17. 9. 91 did any misunderstanding occur between the two. But all the days are not Sundays and a little discussion here and there under some unknown circumstances can at times enlarge into a serious conflict as is demonstrated in the instant case. The allegation of Sri Malviya is that during the course of proceedings in a case State v. Isamdar Ahmad the Special Judicial Magistrate, apart from other insinuations, made an observation to the following effect. HIGH COURT WALE KAAM KARNA NAHIN JANTE HAIN AUR NA KAAM KAR SAKTE HAIN AUR HIGH COURT WALE SADHEY HAIN. Sri Pandey on the other hand in his counter-affidavit which runs into several para graphs, has refuted this allegation that he had used any such remarks which could have diminished the honour of an advocate of High Court, and for that matter, the High Court itself and appropriately Sri Pandey has admitted during the discussion emerging at the time of hearing of the case that he had pointed out to Sri Malviya that the procedure in the trial Courts was different from the procedure in the High Court. In all likelihood, even this sentence, in a given circumstance, may not be palatable to an advocate who had gone to a subordinate court from the High Court in a particular case. But then the utterance of such a nature should not have made the advocate concerned feel sentimental or touchy.
(3.) BUT for good relationship between the members of the Bar and the members of the Judiciary what is the other force which will sustain the judicial system. Absolute faith of the Judiciary in the lawyers appearing before it, and, absolute regard by the Advocates in the courts they are appearing before can maintain the balance and go on pulling the chariot of justice throiight or the deals and tough time and arduous tests it is being put to. It is very difficult under the circumstances noted above nor is it desirable to go into the question of, identifying the exact words used on the unfortunate 17th day of Septem ber, 1991, for, suffice it to say, the incident whatever it was, had put sentimental strains on Sri Malviya and perhaps official constraints on Sri Pandey.;