SC said- Judges have to follow discipline, taking up cases not specifically assigned by CJI is ‘gross unfairness’
New Delhi (ANI): The Supreme Court has said that a judge taking up a matter not specifically assigned by the Chief Justice is an “act of grave impropriety” and discipline must be followed. A bench of Justices Abhay S Oka and Pankaj Mithal said the list notified by the Chief Justice would become meaningless if it was not followed. The court also imposed a fine of Rs 50,000 on the three plaintiffs who indulged in forum shopping. The court said, “This is a classic case of forum shopping on the part of the second to fourth respondents. This is a case of gross abuse of the legal process.” The high court said, “This is a fit case where the second to fourth respondents are required to bear the costs. We estimate the cost to be Rs 50,000.” He asked them to deposit the cost with the Rajasthan State Legal Services Authority within a month. The top court was hearing an appeal challenging an order passed by the Rajasthan High Court. The appeal was filed against the High Court’s May order, which had directed that no coercive action be taken against the three persons in connection with the eight FIRs. The three plaintiffs were accused in eight criminal cases. After a Rajasthan High Court judge refused to grant him bail, he filed a separate civil writ petition, which was filed before another judge. In the civil writ petition, a prayer was made to quash the FIR against him. During the adjudication process of the civil case, he was also granted provisional measures. A complainant, Ambalal Parihar, at whose instance six FIRs were registered against three persons, approached the High Court against the High Court order saying that the manner of filing the civil writ petition was fabricated and was a deliberate attempt to withhold the judge’s list. This was done for. Provisional measures were given. The apex court wondered how a civil writ petition could be considered for a First Information Report (FIR). The Rajasthan High Court Registry was also directed to file a copy of the High Court order before the High Court bench hearing the criminal petitions of the three accused.