Excelsior Correspondent
Srinagar, Dec 21: High Court today held that the unfounded accusation by litigant against judicial officers undermines their authority and rudely shakes the public confidence in proper dispensation of justice.
The Court of Justice Ali Mohammad Magrey while dropping proceedings initiated against the petitioner in view of his old age observed that it is of necessity to protect the dignity or authority of the judicial officer to maintain the stream of justice, pure and unobstructed.
“Adopting a liberal approach, keeping in view the advanced age of the petitioner, it shall be appropriate to close the proceedings initiated against him by the Magistrates while framing the Robkar against him”, Justice Magrey concluded.
“The judicial officer/ authority needs protection against such intimidating attacks. Therefore, making wild allegations against the presiding officer amounts to scandalizing the Court/ statutory authority”, judgment reads.
Court said that right approach has been adopted by both the Magistrates in dealing with the cases of the petitioner – Abdul Gani Bhat and the orders passed by the Magistrates.
Court has warned Bhat that he should remain within his limits and show utmost respect as required in tune with the Constitution of India and the laws of the land.
Justice Magrey recorded that seemingly, it appears, that something is wrong with the petitioner in his approach, otherwise, it cannot be expected, by any stretch of imagination, from the petitioner, who claims to be a Professor having excellent/unblemished service carrier and having achieved academic heights for his expertise in sports and other fields, can behave in the way he has/is, while approaching the Court(s) of law.
Justice Magrey further held that the protection of judges/ judicial officer/ authority is not personal, but accorded to protect the institution of the judiciary from undermining the public confidence in the efficacy of judicial process. The protection, court said, therefore, is for fearless crucial process.
“Any scurrilous, offensive, intimidatory or malicious attack on the judicial officer/ authority beyond condonable limits, amounts to scandalizing the Court/ Tribunal, amenable to not only conviction for its contempt, but also liable to libel or defamation and damages personally or group libel”, judgment says.
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