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This is an archive article published on December 9, 2010

Allahabad HC moves SC for deletion of ‘rotten’ remark

The High Court has sought expunction of the remarks saying it has tarnished the reputation of the entire judiciary in UP.

Taking strong exception to the Supreme Court’s remarks that “something was rotten” and there was “rampant uncle judge syndrome” was prevalent,the Allahabad High Court “has urged the apex court to expunge the remarks.

In an application moved through its registry,the High Court has sought expunction of the remarks on the ground that they “have made difficult” for the judges to function and tarnished the reputation of the entire judiciary in Uttar Pradesh. the state.

“The remarks are unfortunate and uncalled for and has brought down the image of the Allahabad High Court judges in the eyes of the general public. The observations had made it difficult for the judges to function,” the application stated.

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It submitted judges of the High Court are appointed only after clearance from the Supreme Court collegium and as such there was no scope to question their integrity.

On November 26,in a strong indictment of Allahabad High Court,the Supreme Court had said “there is something rotten” there and raised serious questions about integrity of several of its judges.

“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,” a bench of justices Markandey Katju and Gyan Sudha Mishra had said,adding the high court “really needs some house cleaning”.

The apex court bench had also asked the chief justice of the high court to take some strong measures,including recommending “transfers of the incorrigibles”.

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It had made the remarks in a 12-page order while making the insinuation that several judges of the high court suffer from ‘uncle judge’ syndrome,which refers to judges passing favourable orders for parties represented by lawyers known to them.

The bench’s remarks came while scrapping a single- judge bench order of the Allahabad High Court which had asked a Bahraich-based Waqf Board to temporarily allot a portion of its land in May-June this year to the proprietors of a circus for its show during an annual fair.

“The faith of the common man in the country is shaken to the core by such shocking and outrageous orders,” justices Katju and Mishra had said.

“We are sorry to say a lot of complaints are coming against certain judges of the Allahabad High Court relating to their integrity,” said the bench,without disclosing the content of complaints.

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Referring to the rampant ‘uncle judge’ syndrome allegedly plaguing the high court,the apex court bench had said “some judges have their kith and kin practising in the same court.

“And within a few years of starting practise,the sons or relations of the judge become multi-millionaires,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 added.

The judge,however,sought to add a note of caution,saying “we do not mean to say that all lawyers who have close relations as judges of the high court are misusing that relationship.

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