Biased and prejudiced behaviour by a high court judge
Vikas
(Querist) 04 May 2013
This query is : Resolved
Dear lawyers
My brother has been sentenced 2 years of imprisonment in ipc 420 in a land case. The problem was resolved but the other party demanded sum of 1 lac to cover their expenses. We tried to do compromise but somehow it did not happen at correct time and my brother was arrested as the session court sentenced him to prison in January this year. We paid the full amount and compromise was signed, submitted in high court with plea of revision of the sentence. We were given date of hearing in feb, then in march and then in April. Last date April 25 the other party accompanied us to the high court to stand in our support so that my brother could be granted bail or case be resolved. We had very high hopes on this date as we had been put through long waiting inspite of the acceptance of the compromise. To our shock judge did not give any positive decision in our favour but instead made unnecessary personal comments like commission agents are thieves by nature ( my brother has commission agent business ) which has got nothing to do with this case. On plea that my father was seriously ill and admitted in ICU and younger brother being cerebral palsy/ epilepsy patient , judge insensitively said ' is everyone in their family handicapped?' This was totally out of context and lowly remark by person of a stature of high court judge. He has given us date for 1 st July now inspite of all the formalities being completed. He also asked for fine of 50,000 Rs to cover the proceedings in the court. Why should we cover for the cost of delays decided by this judge? All we can understand is that this judge has some personal grudges with commission agents and unfortunately he is subjecting us to his idiosyncrasies. My family is shattered by this latest decision as another 2 months of loss of only earning member of family, my fathers worsening illness and the family shame is devastating for all of us. The judges behaviour has left all of us helpless but angry. We are aware that we can apply bail but unfortunately even that will be under same judge who will most probably reject it. We have no choice but to put up with this unjust judge. Kindly guide me regarding any advice in this case and also where can we complain about this judge? Who are the high court judges accountable to? And what are the chances of such complaints being taken seriously and acted upon. We have unduly suffered emotionally, financially and socially due to biased behaviour by this Judge. I have intention to complain to highest possible authorities about him. Any guidance will be highly appreciated. Sorry for long content.
Nadeem Qureshi
(Expert) 04 May 2013
Dear Vikas
You should contact a lawyer personally along with all the documents for best opinion.
R.K Nanda
(Expert) 04 May 2013
consult local lawyer.
AMAR RANU
(Expert) 04 May 2013
Any complaint or genuine grievance against any High or Supreme Court Judge will be a waste of time and nothing will emerge out of it except more harassment.
They are self-appointed MONSTERS and majority of them are law unto themselves.
The biggest flaw of the Indian Constitution is that there is no mechanism available wherein nothing was specified that who will judge such delinquent judges and as a result of this grave flaw,there is no fear of law amongst such judges and they are accountable to none.
In such a scenario,you can go to Supreme Court and if your luck favoured that day and your matter comes before a bench headed by Judge like Justice lodha,you can have some hope.
Even such competent judges are endangered species now a days and are fading fast from the Indian judiciary and mediocres are ruling the roast with a few honourable exceptions and can be counted on finger tips.
The so called Collegium system has almost destroyed the Indian judiciary.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 May 2013
Rightly or wrongly you are trapped in criminal justice system where no one person is responsible.
Keep calm , use tact and see that bail is granted since on your part you lost valuable time in compromise.
Vikas
(Querist) 05 May 2013
Dear Amar Ranu and Advocate defence, thanks for your reply. It makes me feel helpless and in despair. I don't know what different documents or evidence we can present to the judge when applying bail or even on our next date in July t hat he will think differently since we have already attached compromise, fathers medical documents and even had opposite party accompany us in our favour? It is frustrating and despair situation to feel helpless next 2 months. I wish there was a panel of judges instead of solo judge to make such verdicts crucial to petitioners life.
Please advice that is there any way to get this case transferred to a different judge?
Thanks again.
AMAR RANU
(Expert) 05 May 2013
In the above circumstances,you can file an application before Chief Justice for transfer of your case before an another Judge.
AMAR RANU
(Expert) 05 May 2013
Or alternatively,you can take a chance by filing recusal application before the same Jufge.If he does not budge,go to CJ for aforesaid transfer.
Raj Kumar Makkad
(Expert) 07 May 2013
You can go only before pper appellate authority and can find out no solution to biased mind within the law prevalent as on day.
Vikas
(Querist) 07 May 2013
Thank you all you experts. We have contcted a lawyer now who has plan to engage the defence and prosecuter lawyers with plea of compounded case. we are waiting to apply for the same. Hope the judge will be bit more logical this time.
