Damayanti (Unemployed) 22 March 2011

Abuse of the Judicial Process ... How to raise concerns?

How to tell/raise the concerns about 'bias / undue favor to other party / breach of Prin of Natural Justice' committed by the Hon'ble Judge, in front of the same judge during proceedings which are currently on?

(In short how to confront/argue with judge, if one is hit the wall, and due to compelling and evident circumstances of 'abuse of the process by Court/abuse of judicial discretion' although in such a subtle fashion that it is cumbersome sometimes to differentiate between sheer abuse vs favour/concessions/latency shown to one party coupled with rigidity of standard shown to other party)

Can/Will Anybody answer ot above query? Thanks

This kind of issue may be faced even by young lawyers representing their clients, wherein opposite party has a influential/experienced lawyer who happens to be acquainted/in close contact with the Hon'ble Judge

This can happen in any type of court also.

Reply Follow

4 Replies

Arif Iqbal (Advocate) 22 March 2011

You can file a writ petition

1 Like

Tajobsindia (Senior Partner ) 23 March 2011

@ Author

My first hand hard core experience says that "never ever do that in writing".

Simply move an application stating that you as respondent or petitioner (whatever the status you enjoin in that suit) has lost faith in this court and apprehensive of getting natural justice hence transfer the same to a competent Jurisdiction Court.

Even if the concerned Court asks you 'politely for the first time!" never ever utter a single word other than above.

The sum result of above application is that the concerned Court is bound to "deny" the same but is duty bound to send the case file to Superior Court for necessary direction.

There you may state all the biasness and other factual matrix as it is your fundamental rights under Art. 14 / 21 COI.

2 Like

Jamai Of Law (propra) 23 March 2011

You want to raise such concerns infront of the same Hon'ble Judge! .......................... Hummmmmm!!

For each problem there is solution. You need to find out.

Be honest and Raise concerns without direct aspersions and imputations (leave it open), if at all you go ahead with it!!

Look at the aftermath and then take a call, writ option is always there!

Why are you talking about young lawyers? Even experienced lawyers in the same court, as well as those who happen to visit other district courts in other states etc (e.g. a lawyer from Kolkata going to Mumbai for a case to represent client) may also face such scenario.

Boss is always right as long as it is not a clear case of 'abuse of discretion'.

Jamai Of Law (propra) 23 March 2011

Tajobsindia's suggestions are the best ones.

But if at all you happen go ahead, think from all perspectives beforehand otherwise you may repent afterwards. Tread with caution.

It is going to help you in long run, I tell you.

In appellate court, every lawyer has mastered the same art of converting the perception of judge from adversary situation into their favour. But at least it is a different judge. You are dealing with the same judge!!!