In a rare instance of a High Court approaching the Supreme Court for redress of grievances, the Allahabad High Court, offended by its remark that “something is rotten in the Allahabad High Court,” has filed an application for expunction. The application, filed on Tuesday, said general remarks like the one made in the November 26 judgment should not have been made as it was not the proper occasion for the Supreme Court to do so. There were other mechanisms available for making such remarks and addressing the issues raised in the judgment.
The application was filed on the decision of the Full Court, which took serious exception to the observations.
In its judgment, the Supreme Court Bench of Justices Markandey Katju and Gyan Sudha Misra had said: “Something is rotten in the State of Denmark said Shakespeare in Hamlet , and it can similarly be said that something is rotten in the Allahabad High Court.”
The Bench added: “We are sorry to say but a lot of complaints are coming against certain judges of the High Court relating to their integrity. Some judges have their kith and kin practising in the same court, and within a few years of [their] starting practice, the sons or relations become multimillionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of judges could derive no benefit from their relationship and had to struggle at the Bar like any other lawyer.”
The Bench said: “There are also other serious complaints against some judges. The High Court really needs some house cleaning [both the Allahabad and Lucknow Benches], and we request the Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfer of the incorrigibles.”
