The Delhi High Court dismissed a transfer plea built on a trial judge's oral observations, saying such bias allegations cannot be made lightly.
The Delhi High Court imposed costs of US$300 (₹25,000) on a litigant who sought transfer of a pending case from the trial court to another court on apprehension of bias, Bar & Bench reported. Justice Harish Vaidyanathan Shankar delivered the verdict on August 10, according to Bar & Bench. LiveLaw described the matter as a commercial dispute.
The petitioner, Mohammad Ahmad, sought transfer of a suit from the Karkardooma district court, citing an apprehension that the presiding judicial officer would not decide the matter fairly. Bar & Bench reported that the apprehension rested on certain oral observations by the trial court. It also reported that he alleged the judge showed "undue indulgence" to the opposite party over filing of an application for detention of the petitioner.
The Court stated that "Allegations of such nature against a Judicial Officer cannot be lightly made merely on the basis of oral observations or statements made during the course of a hearing," per Bar & Bench. It said the allegations were serious and ought not be made without material substance, and that they were "neither warranted nor conducive to the administration of justice."
Justice Shankar stated that observations made during a hearing do not amount to determination of the issues, and that the transfer provision under the Civil Procedure Code cannot be invoked on such apprehension against a judge. The Court observed that the petition amounts to an abuse of the process of the Court and dismissed it with costs, Bar & Bench reported. The case is titled Mohammad Ahmad Vs Asha Malik and Anr.
