Bench and Bar are Equal, no one is Superior, Read HC Order

 

The Jammu & Kashmir and Ladakh High Court, in one recent ruling while addressing a controversy of Court, observed that Advocates are officers of the Court and deserve same respect and dignity as the Judicial Officers and Presiding Officers of the Courts.

The Justice Sanjay Dhar added that Bar and Bench are equal and dependent on one another.

""Bench and Bar are two wheels of the chariot of justice. Both are equal and no one is superior to the other. The members of the Bar, as such, deserve the utmost respect and dignity."

In the plea so filed, the decision of Magistrate to dismiss Transfer Application of petitioners for transfer of case under Section 12 of the Protection of Women from Domestic Violence Act has been challenged.

The petitioners alleged that the case is false and frivolous and the Magistrate also didn't decide the application for modification of order even after numerous requests. 

 

It is further being averred that the remarks of the trial Magistrate against the petitioners have not been in good taste being abusive in nature, which compelled them to approach the Chief Judicial Magistrate Srinagar with an application for transfer of the case from the Court of trial Magistrate to any other court of competent jurisdiction. The Chief Judicial Magistrate also ultimately denied their prayer.

The Court noting that even though the main grouse of the petitioners is that their application for modification or vacation of order passed by the learned trial Magistrate in ex-parte against the petitioners, was not being considered on its merits expeditiously, it appears that there has been some exchange of harsh words between the learned counsel for the petitioners and the learned Magistrate, which has forced the petitioners to approach the Chief Judicial Magistrate seeking transfer of proceedings from the Court of trial Magistrate.

Tne Court was of the view that the Chief Judicial Magistrate rightly declined to transfer the proceedings from the Court of learned trial Magistrate, but, while doing so, he made certain sweeping remarks against the advocates by stating that the advocates level unnecessary allegations against the Judicial Officers in order to facilitate their personal convenience.

It agreed that the grounds urged by the petitioners, seeking transfer of their case are not cogent.

"Merely because the learned Magistrate has failed to dispose of the application of the petitioners, is not a ground to transfer the case. It is also not a ground for transfer of a case if there is exchange of some hot words between the Court and the counsel. Thus the decision of learned Chief Judicial Magistrate Srinagar to decline the transfer of the matter from the trial Magistrate, is legally correct and cannot be interfered with."

However, the Court opined that the sweeping remarks that have been made by the learned Chief Judicial Magistrate, were uncalled for and unnecessary for the decision of the case.

It thus observed that remarks of the Chief Judicial Magistrate, as such, deserve to be expunged.

"There may be stray incidents where the advocates have resorted to levelling of allegations against the Judicial Officers in order to seek transfer of their cases from one Court to other to suit their convenience, but then this cannot be generalized. The advocates are the officers of the Court and deserve the same respect and dignity as is being given to the Judicial Officers and Presiding Officers of the Courts. Bench and Bar are two wheels of the chariot of justice. Both are equal and no one is superior to the other. The members of the Bar, as such, deserve the utmost respect and dignity There may be some rotten apples in the profession, as is true of every profession, but to say that the advocates generally adopt these tactics is not the correct position", the Court observed. 

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(With input from news agency language)

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