A surprising case has come to light with the court proceedings. A civil judge of the district court of Bangalore also did amazing work. In one of his orders, he gave his verdict citing two Judges of the Supreme Court. The special thing is that the judgment which was referred to in this order was actually given by the Supreme Court. The matter first reached the High Court. The High Court expressed surprise and sent the case to CJI Sanjeev Khanna. Now the Supreme Court will decide what will be the future of the judge.
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What is the whole matter
The case is based on a reconsideration petition challenging the jurisdiction of the civil court in a commercial dispute. Senior advocate Prabhuling Navadgi, who represented the petitioners, argued that the lower court had rejected their application which are not in existence by citing only the decisions. The new day informed the High Court in January that the quoted decisions appear to be ‘fraudulently fabricated’, as they did not find any official record on the Supreme Court website or any other legal database. Taking these allegations seriously, the High Court ordered, a copy of this order will be placed before the Chief Justice for further action against the judge. The defendants were represented by senior advocate Shyam Sundar and Advocate BKS Sanjay.
What did the High Court say
The Karnataka High Court has ordered action against a judge of a civil court of the city to cite the decisions of the Supreme Court while deciding on an application under the Civil Procedure Code. In an order issued on March 24, Justice R Devdas of the High Court expressed concern over the behavior of the judge and said that further investigation is needed in the case. The order said that even more disturbing is that the scholar judge of the city’s civil court cited two such decisions which were never pronounced by the Supreme Court or any other court. The senior advocate, appearing for the plaintiff, clearly stated that such decisions were not given by the lawyer of the plaintiff. He said that further investigation of this act of the judge and appropriate action is required according to the law.
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CJI will decide
The High Court, while sanctioning the civil amendment petition, sent the case back to the 9th Additional City Civil and Sessions Judge, Bangalore, so that the plaintiff could file an application for dismissal. The incident has raised questions on transparency and credibility in the judicial process. Now everyone’s eyes are on the decision of the Chief Justice.
