HC warning: The Jammu and Kashmir and Ladakh High Court has cautioned lawyers and litigants against making baseless allegations against judicial officers, stressing the need to protect judicial independence.
POONCH MIRROR, NEWS DESK MAY, 1 2026
The Jammu and Kashmir and Ladakh High Court has cautioned litigants and lawyers against making reckless and unsubstantiated allegations against judicial officers, observing that such conduct undermines the dignity, independence and institutional integrity of the judiciary.
The observation was made by Justice Wasim Sadiq Nargal while hearing a transfer petition in Assadullah Bhat & Ors v. Gul Dar & Ors. The Court noted that allegations against judges must be supported by cogent and credible material, and warned that allowing baseless claims to gain publicity could have a chilling effect on the judicial process.
The case arose from a transfer petition filed by certain litigants who alleged bias on the part of a subordinate judicial officer and claimed that the officer was acting under the influence of a senior judicial authority. They sought transfer of their case to another court on these grounds.
However, the High Court found that the petitioners had failed to substantiate their allegations with any credible material. When confronted, counsel for the petitioners sought permission to withdraw the plea. The Court, however, declined to permit withdrawal, observing that litigants cannot be allowed to evade scrutiny and consequences after making serious and unverified allegations.
Directing the petitioners to file separate affidavits, the Court ordered them to tender an unconditional apology, express genuine remorse, and undertake not to repeat such conduct in future. It further cautioned that any repetition of such unfounded allegations by litigants or members of the Bar would invite appropriate action in accordance with law.
While expressing concern over the drafting of the petition, the Court refrained from passing adverse orders against the counsel, taking note of his experience, but issued a clear warning that pleadings must be prepared with due care, responsibility and proper verification.
The Court also observed that judicial officers cannot be expected to function with independence and fearlessness if they are subjected to unfounded aspersions regarding their character and conduct. The matter is scheduled for further hearing on May 6.
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