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| Bar and Bench are two chariots of justice; lawyers deserve same respect as Judges: HC | | | Early Times Report
JAMMU, Apr 13: The Jammu & Kashmir and Ladakh High Court while expunging the remarks made by the Srinagar Chief Judicial Magistrate that lawyers level unnecessary allegations against judicial officers to facilitate personal convenience, observed that bar and bench two chariots of justice; lawyers deserve same respect as Judges.
This significant order was passed in petition filed the petitioners who have challenged order dated 9-3-2022, passed by Chief Judicial Magistrate, Srinagar, whereby transfer application filed by the petitioners for transfer of case under Section 12 of the Protection of Women from Domestic Violence Act, titled Lateef Ahmad Rather and Ors vs. Shafeeka Bhat, from the Court of Judicial Magistrate 1st Class (2nd Additional Munsiff), Srinagar to any other court of competent jurisdiction in District Srinagar, has been declined.
Justice Sanjay Dhar after hearing both the sides observed that it appears that the main grouse of the petitioners is that their application for modification or vacation of order dated 8-11-2021, passed by the trial magistrate in ex-parte against the petitioners, is not being considered on its merits expeditiously. It also appears that there has been some exchange of harsh words between the learned counsel for the petitioners and the Magistrate, which has forced the petitioners to approach the Chief Judicial Magistrate, Srinagar seeking transfer of proceedings from the Court of trial Magistrate.
Justice Dhar observed that there can be no doubt, that the grounds urged by the petitioners, seeking transfer of their case from the Court of trial Magistrate to any other court of competent jurisdiction, are not cogent.
Merely because the 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 Chief Judicial Magistrate Srinagar to decline the transfer of the matter from the trial Magistrate is legally correct and cannot be interfered with.
Justice Dhar observed that the sweeping remarks that have been made by the Chief Judicial Magistrate, were uncalled for and unnecessary for the decision of the case. 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.
He observed that the advocates are the officers of the court deserve the same respect and dignity as is being given to the Judicial Officers and Presiding Officers of the Courts. |
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