Skip to main content

Every matter is important and equal treatment is the backdrop of the Constitution

In Atanu Chattopadhyay Vs. Justice Debangsu Basak and Ors., Petitioner alleged that, because of the inaction on the part of the Respondents, the Petitioner has been denied justice and the Ministry of Law and Justice must take care and responsibility before nominating the advocates as the Hon'ble Judges of the Court, who are not fit for such posts. The Petitioner consistently harped upon denial of access to justice and injustice perpetrated upon him in not acceding to his prayer either listing as per his desire before the particular Judge and refusal to release the matter as he has inculcated a sense of bias against a particular Judge. 

Issue involved in present is whether any cause of action is pleaded leading to denial of access to justice and such allegations and/or aspersions have any legal or factual basis. 

While dismissing the Writ Petition, the court held tt is not open to any person to make scandalous, disparaging and intemperate remarks directly on the Judges or their judicial act with intent to undermine the majesty of the Court and inculcate any adverse notion against the judicial system of the country to gain publicity. It is one thing to say that the criticism against the conduct, act and the orders of the Judges in dignified and healthy manner but it is totally different when the language and the expressions impair and hamper the administration of justice. 

The impartiality, fairness and transparency lies in course of the judicial dispensation and if the learned Judge, the Respondent No. 2 herein does not find any urgency in the matter to give precedence to the Petitioner's application over the other matter, it cannot be taken as an act infringing any right of the Petitioner. The Judges in the country dealing with large cases and every citizen in the country has equal right to have its matter taken by the Court. Giving precedence to one matter as the Petitioner is appearing in person shall overreach the rights of the other person. There cannot be any discrimination between the right of each individuals guaranteed under the law. Every matter is important and equal treatment is the backdrop of the Constitution. The entire allegation is unfounded, unsubstantiated, far to speak of any truth in it. The Court should not permit any litigant to initiate a proceeding on disparaging, scurrilous and intemperate remarks against the Judges and such person should be dealt with seriously. 

Though present Court feels that, immediate action is warranted against the Petitioner for such scurrilous remark made against the Judges, yet considering his lack of understanding of the law and the functioning of the judicial system, this Court does not intend to initiate a contempt proceeding against the Petitioner but must make a remark that he should be vigilant, cautious and careful in initiating proceeding of such nature in future. Though imposition of costs is inevitable, yet bearing in mind the submission advanced by the Petitioner that, he is homeless and have no substantial income, this Court does not impose cost for this frivolous litigation. 


Comments

Post a Comment

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.
Post a Comment
Read more