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OVERVIEW

  • The Punjab & Haryana High Court rejected an appeal made to the Chief Justice Ravi Shankar Jha demanding the transfer of a case to another judge due to allegations of discrimination.
  • Richa Singh, a resident of Gurugram, has an ongoing case of marital dispute in the High Court. Last year in January, Singh wrote to the Chief Justice alleging charges of discrimination against the judge hearing the marital case and insisted on her case being transferred to another judge. 

APPEAL BY THE PETITIONER

  • The appeal was submitted to a single bench of the High Court after the Chief Justice refused from acting upon the plea in the letter by the petitioner.
  • In the appeal, it was prayed to the single-bench ordering the Chief Justice to act upon the demand letter of the petitioner at the administrative level.
  • There is no legal provision that allows the petitioner to address a letter to the Chief Justice demanding a change of judge. Therefore, due to lack of legal provision, ideally, the writ petition cannot be heard.
  • The bench dismissed the petition, stating it ‘inappropriate for hearing’. The plea was later challenged by the double-bench, who also rejected the plea of the petitioner.
  • Justice Jaswant Singh dismissed the appeal and delivered the matter to the Chief Justice’s discretion, as they are the ‘master of the roster’ and asking them to decide on a demand petition for a change of judge would be interfering with their work. 

CONCLUSION

  • The High Court dismissed the plea stating that doing so would ‘interfere with the work’ of the Chief Justice.
  • Additionally, the Court stated that since there is no legal provision demanding the Chief Justice to address a letter asking for a change of judge, even if a directive is issued in view of the same, it would set a misleading and incorrect record for the future. 

WHAT ARE YOUR VIEWS REGARDING THE DEMAND PETITION? DO YOU THINK THE PETITIONER HOLDS THE RIGHT TO DEMAND OF EXECUTION OF JUDICIAL PROCEEDINGS AS DEEMED APPROPRIATE BY THEM? LET US KNOW IN THE COMMENTS BELOW!

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