Tuesday, 7 June 2011

Allahabad HC rejects pleas challenging Chief Justice's orders

The Allahabad high court has dismissed two writ petitions challenging orders of the Chief Justice which bifurcated cases related to the Taj Heritage Corridor into civil and criminal public interest litigations.

The Lucknow bench of the high court issued the order on June 3 on the writ petitions filed by Pankaj Srivastava and Kashi Prasad Yadav last year.

A division bench comprising Justices Uma Nath Singh and Satish Chandra said, "We do not find any merit in both these writ petitions, therefore the same are hereby dismissed".

Both petitions impugned the bifurcation of PILs relating to the Taj Heritage Corridor into civil and criminal litigations by the orders of Chief Justice F I Rebello on August 28 and August 31 last year and listing the same separately before two benches.

The petitioner argued that the bifurcation under the orders of the Chief Justice was without any authority of law and further alleged that the exercise had been undertaken only for the Lucknow bench of Allahabad high court and not for the principal seat at Allahabad.

The petitioners had alleged that the bifurcation orders were passed to extend undue favour to chief minister Mayawati. They contended that the impugned bifurcation orders have been passed to facilitate the transfer of the three writ petitions against Mayawati from the court generally assigned the jurisdiction of PIL matters to another court.

"We fail to understand...as to why there should be a preference of a particular bench and objection to the other. Exercise of such choice may shake the public faith in the justice delivery system beyond redemption," the bench said.

"...we think it expedient in the interest of this institution to record our disapproval of vigorous trading of strong language by learned counsel for parties during the course of hearing and in their written submissions as well", it said.

Use of words like 'brazenly false plea, conscious lies, unashamedly malicious and malafide' in the reply to the high court also needs to be noticed and deserves to be cautioned, the court said.

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