Tuesday, June 28, 2022

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Corollary to the same, the Court also set aside the order of his compulsory retirement. He was held guilty by the Disciplinary Authority for, among other things, granting bail with a

"corrupt or oblique motive" and for granting adjournments on "extremely flimsy grounds".

Disagreeing with the reasoning of the Disciplinary Authority regarding the adjournments granted by the Petitioner/Former lower court Judge, the division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed-

Whether the concerned Judge was justified in granting adjournments or not, cannot be ascertained by merely looking at the order sheets and the number of times, the case has been adjourned. There are so many factual situations that happen in the open Court which cannot always come about in the order sheets of the Judge. Many of the submissions, many of the requests and many such events that happen in the open Court are best left between the discussions of the Bar and the Bench. It is not necessary that each and every word that an advocate states in an open Court require to be transcribed into the order sheets. The Judge holding a Court is not a stenographer to take down the dictation of each and every advocate.

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