JUDGEMENT
K.KANNAN J. -
(1.) There is an application for adjournment sought on the ground that the Judicial Officer has expressed himself seriously against
the 3rd respondent in appeal and has made observations directing the
certain conversations to be placed before the District Judge for onwards
transmission to the High Court for appropriate action for contempt. The
observation of Court has come in application for consideration of stay
obtained by the State and for production of certain documents sought at
the instance of the respondent. The Court has recorded what according
to it happened in Court and has done what was appropriate under the
circumstances.
(2.) When an application for adjournment was moved before the very same Court stating that the Presiding Officer is biased, the Court
has observed that it cannot entertain the application itself and it will be
open for the party to approach the higher forum.
(3.) A Judge who works from morning through evening under public gaze at all times is expected to distance himself emotionally from
anything that happens by way of exchanges between the counsel and the
Presiding Officer. The justice is always to be done to the parties
uninfluenced by even an unworthy conduct of any person, be it a lawyer
or Judge. The judicial training that takes place surely insulates a Judge
from maintaining such an objective approach to a case. I am also not
convinced that the Judge could be in any way influenced against the
respondents before the appeal only because he has expressed himself
against a particular party who is also a lawyer before the Court and has
directed action to be initiated for consideration for contempt. This
cannot force a Judge to recuse himself from the case or seek for
transfer of the case to some other Court.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.