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Damayanti (Unemployed)     05 June 2011

Complaining 2 same court about his bias-Is it contempt?

This is about family court/a district court status.



What may happen if a litigant makes a grievience/Complaint 2 same court about his bias/prejudice.  in  a written  memo?



What may happen if a litigant makes a grievience/Complaint 2 same court about his (same court's) bias/prejudice in writing?

And tells court that I have apprehensions about fair trial?



Is 'same court' ought to take cognizance of this complaint as per principles of natural justice? especially if I narrate all the facts on the case in writing? ... OR .. Does this above become a 'contempt of court'?



Both sides should get chance to be heard... and if one side says court is behaving in prejudiced manner and that has scared  me and hence am very afraid and scared and reluctant to put my case and feeling pressuried!! And all this is hampering the 'process of justice'.



And in the same 'memo ot grievience' if the litigant narrates ...



A) the concrete instances of abuse of discretion by the same district court

B) and deviation from laid out procedure which resulted to favour the opposite party.

C) bias/partiality reflecting through the overlall circumstances, how case progressing (rather not progressing at all)

D) how the pile of apps by me but not getting any attention of court and subtle fashion how hurdles are created.

E) there is clear differential of treatment given (concrete instances there)



And thus can I ask the court to take cognizance that 'I no longer have the faith in court and it has been shaken and the apprehensoins are not erasable.


 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 June 2011

Instead of doing so it is better to file miscelleneous case to get transfer the case to another court and there is nothing wrong in saying and court cannot take any action agaist it.  My junior had said to the judge that " you don't how to write a judgement, go thru., your judgements and I dont want to conduct the cases before you and you don't know how to behave with the advocates, first learn to give respect to the advocates"  After this incident I filed 22 miscelleneous cases to get transfer the cases from that court alleging on that judge but fast track judge made compromise, but complaint against that judge before the high court is still pending.

1 Like

prabhakar singh (advocate)     06 June 2011

Casting personal charges on a presiding judge of his bias and prejudice against a party may attract "contempt of court".To me it seems.  All depends on him,How does he react??? Most probably, he will write to High Court to proceed for contempt .

Two courses are expected, when you,throw such a ball to his side.He may procced for contemt of court,orcan write to District Judge(4u-prin.judge,in up ,they are called D.J.)on his own that as party has no faith in me,hence case may transferred .And  District may or may not entertain his request.

And when you move a transfer application before District Judge,the District Judge issues notice to opposite party and also call for a report from presiding officer against whom transfer is sought for,

Transfer applications are very delicate matter.They always create indecision in the mind of agreived,because of betrayal  faced from system wherein one came with prefaith.

What i feel that transfer has become an urgengecy in your advise remains the move it before D.J.(prin.judge.)but never  before same judge stating all a to e,or z,as the case may be,facts and illustrations of bias.

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