Raja Khan Vs U.P.
Sunni Central WAQF Board & ANR.
is an application praying for expunging certain remarks made in our judgment
dated 26.11.2010 in the aforesaid case.
Allahabad High Court has had a glorious history having produced great lawyers
who were leaders in the Independence struggle. It is the largest High Court in
India, and often gives leadership to all the High Courts in the country. There
have been many great Judges who have adorned the bench of the High Court
upholding the rich traditions of the Court and maintaining the highest level of
integrity e.g. Justice Mahmood, Justice Pramoda Charan Banerjee, Chief Justice
Shah Mohammed Suleiman, Chief Justice Kamla Kant Verma, Justice Vashisht
Bhargava, Chief Justice O.H. Mootham, Chief Justice Nasirulla Beg, Justice S.N.
Dwivedi, Justice Satish Chandra, Justice Yashoda Nandan, Justice H.N. Seth,
Justice N.D. Ojha, Justice C.S.P. Singh, Justice A. N. Verma, etc. Hence what
happens in the Allahabad High Court is of great importance to the entire
judiciary in the country, as it will have great impact on all the High Courts
in the country.
are presently many excellent Judges of the Allahabad High Court. These upright
Judges are keeping the flag of the High Court flying high by their integrity
and hard work. It is therefore totally false to say that all Judges of the
Allahabad High Court are corrupt, or to construe our order dated 26.11.2010 in
that manner. It is nowhere mentioned in the said order that all Judges of the
High Court are corrupt. What is mentioned in the order is that there are
complaints against "certain Judges", not all Judges. It has been
mentioned in the order that many lawyers who are relatives of Judges are
scrupulously taking care that no one should lift a finger on that account. It
is clarified that many Judges in the High Court are doing the same.
of us (M. Katju, J.) has close attachment to the Allahabad High Court as his
family has been associated with the High Court for over a century. It is,
therefore, inconceivable that he would like to damage the High Court in any
way. However, what has caused great pain and anguish to us, are certain
unfortunate happenings for some time in the Allahabad High Court. It is not
necessary to mention all of them here, but reference an certainly be made to
certain distressing orders passed during the Summer Vacations by certain Judges
of the High Court this year (2010), one of which pertains to this very case.
para 9 of the Application filed before us it is stated that sweeping observations
have been made against the High court. This is not correct. In fact, in the
order dated 26.11.2010 it has been stated -
"We do not
mean to say that all lawyers who have close relations as Judges of the High
Court are misusing that relationship. Some are scrupulously taking care that no
one should lift a finger on this account. However, others are shamelessly
taking advantage of this relationship" How is the above a sweeping
observation? A distinction is clearly made in the above between those who are
taking care of their reputation and those who are not.
is alleged in paragraph 9 of the application that the observations we have made
in our order "seriously damage the reputation of the institution" and
sully its image. In this connection we wish to say that the reputation of an
institution is damaged and its image sullied when some of its members pass
shocking orders and behave in a totally unacceptable manner.
can quite appreciate the anguish of some of the learned Judges of the Allahabad
High Court, but we cannot overlook the fact that there are times when
introspection is required, and not mere reaction. We earnestly request the
Hon'ble Judges of the High Court to consider our order in that spirit.
again reiterate that there are many excellent Judges in the Allahabad High
Court who are working hard and doing their duty honestly, and we have not
painted everyone with the same brush.
these observations the Application stands disposed of.
.............................................J. [GYAN SUDHA MISRA]