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SC: Something rotten about Allahabad HC
The apex court says there are serious complaints against some judges
R Sedhuraman
Legal Correspondent

This order was passed by an apex court Bench comprising Justices Markandey Katju and Gyan Sudha Misra while dismissing an appeal by the owner of several circus companies such as the Great Gemini Circus, Apollo Circus, Raj Mahal Circus and Asiad Circus seeking a direction to the UP Sunni Central Waqf Board for allotment of land for a 40-day ‘mela’ at Bahraich. A Single Judge of the Allahabad HC had allowed the owner’s plea by passing two ex parte interim orders despite the fact that the petition should have been filed before the Lucknow Bench of the HC, going by territorial jurisdiction. These orders were set aside by a Division Bench of the HC, forcing the circus company to come to the SC.

Upholding the verdict of the Division Bench, the SC said that besides territorial jurisdiction the HC could not have entertained the writ petition as “no writ petition lies against a private body.” Further, through the interim orders, the Single Judge had virtually allowed the plea. “It is a well settled that by an interim order the final relief should not be granted.”

“The faith of the common man in the country is shaken to the core by such shocking and outrageous orders,” the apex court said. The SC further observed: “We are sorry to say but a lot of complaints are coming against certain Judges of the Allahabad HC relating to their integrity. Some Judges have their kith and kin practising in the same court, and within a few years of starting practice the sons or relations of the Judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life.

“This is a far cry from the days when the sons and other relatives of Judges could derive no benefit from their relationship and had to struggle at the bar like any other lawyer. We do not mean to say that all lawyers who have close relations as Judges of the HC are misusing that relationship. Some are scrupulously taking care that no one should lift a finger on this account. However, others are shamelessly taking advantage of this relationship. There are other serious complaints also against some Judges of the HC.”

The SC had begun the 11-page order by quoting Shakespeare’s Hamlet: “Something is rotten in the State of Denmark.” Similarly, “something is rotten in the Allahabad HC as this case illustrates.”