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Judiciary

Allahabad HC dismisses review plea, imposes ₹1 Lakh fine for baseless allegations against Senior Advocates and Judges [Read Order]

By Saket Sourav      10 September, 2024 11:32 AM      0 Comments
Allahabad HC dismisses review plea imposes 1 Lakh fine for baseless allegations against Senior Advocates and Judges

Allahabad: The Allahabad High Court dismissed a review application filed against its earlier order in a rent dispute case, imposing costs on the petitioner for misuse of the legal process and for making unsubstantiated allegations against senior advocates and judges.

Justice Neeraj Tiwari heard the review application filed by Randhir Kumar Pandey against the court’s order dated 08.05.2024 in a petition under Article 227.

The court noted that the original petition was disposed of after the petitioner’s senior counsel stated they did not wish to contest the case on merits and requested time to vacate the shop in question.

Rejecting the petitioner’s claim that he never instructed his counsel to make such a statement, the court observed, “Once again I have gone through the impugned orders dated 17.11.2023 & 25.02.2008, which were under challenge in Matters Under Article 227 No. 3034 of 2024, and found no infirmity or illegality in the same. Therefore, there is no scope to review the order dated 08.05.2024.”

The court expressed strong disapproval of the petitioner’s conduct, stating, “Mr. P. Singh and Mr. Atul Dayal are designated Senior Advocates of this Court, having a very high reputation. Therefore, such allegations against them without any substance are very unfortunate and uncalled for.”

Addressing the petitioner’s previous written submissions, the court noted, “Further, in the written submissions filed by the petitioner-defendant before the Appellate Court, there are serious allegations against counsels, the District Judge, and many other Judges of the Kanpur Nagar Judgeship, which are not supported by any affidavit. This is nothing but an attempt to malign the reputation of the Institution.”

While refraining from initiating contempt proceedings due to the petitioner’s age and health, the court imposed costs, stating, “Considering the serious health issues of the petitioner and his age, i.e. 77 years, this Court restrains itself from initiating criminal contempt proceedings against him. However, the grounds raised in the review application are very vague, and the filing of such a review application is a gross misuse of the legal process. Therefore, the review application lacks merit and is accordingly dismissed with costs of Rs. 1 lakh.”

In conclusion, the High Court’s decision emphasizes the importance of responsible conduct in legal proceedings and warns against making baseless allegations against legal professionals and the judiciary.

 [Read Order]



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Saket Sourav is a student at National Law University and Judicial Academy Assam.



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