HC refuses withdrawal of plea with scandalous allegations against judicial officers, seeks apology
01/05/2026
Srinagar, Apr 29: The High Court of Jammu & Kashmir and Ladakh has refused to permit withdrawal of a transfer petition after noting that the petitioners had levelled "scandalous and wholly unsubstantiated" allegations against judicial officers, and directed them to file unconditional apologies within a week.
Hearing a transfer petition titled Assadullah Bhat and others vs Gul Dar and others, Justice Wasim Sadiq Nargal observed that the pleadings contained serious allegations against the Presiding Officer of Sub-Judge Pattan and the Principal District Judge, Baramulla, without any supporting material. When confronted, counsel for the petitioners, M. Sultan, failed to substantiate the averments and sought permission to withdraw the plea. The court, however, declined the request, holding that allowing withdrawal in such circumstances would enable litigants to evade consequences of making reckless and defamatory allegations.
The court said such conduct cannot be tolerated as it undermines the dignity and institutional integrity of the judiciary.
It stressed that scandalous allegations against judicial officers are not merely personal attacks but an affront to the justice delivery system. Citing precedents including M.B. Sanghivs High Court of Punjab & Haryana and Asharam M. Jain vs A.T. Gupta, the court reiterated that imputing baseless allegations against judges strikes at the root of judicial independence and cannot be permitted.
The court directed all petitioners to file separate affidavits tendering unconditional apology within one week, expressing genuine remorse and undertaking not to repeat such conduct. It also issued a caution that any recurrence would invite appropriate legal action.
While refraining from passing adverse orders against the counsel at this stage, the court observed that greater responsibility and care were expected in drafting pleadings, particularly from an experienced advocate. The matter has been listed for further consideration on May 6.
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