HC and SC judges on a par; we've no administrative control over HCs: CJI B R Gavai

NEW DELHI: Supreme Court on Monday said that constitutionally, high court judges are on a par with its judges. SC has no administrative control over HCs and their judges, but is duty-bound to protect them when they face scandalous allegations, a three-judge bench headed by B R Gavai said.

The apex court passed this order while asking a Telangana neta, who had made scandalous allegations against an HC judge, to tender unconditional apology to the judge.

CJI: Duty of SC to protect judges from false allegations

The politician had made the allegations against the judge in a petition seeking transfer of his case from Telangana HC to Bombay HC's Nagpur bench.

The lawyers who signed the petition were also asked by SC to apologise to the judge.

Dictating the order in the open court, CJI Gavai said, "When scandalous allegations are made against HC judges, it is the duty of SC to protect them. We notice that now-a-days it has become a trait with lawyers to criticise HC judges. It has also become a trait in matters involving influential political figures. It has become a habit of politicians to allege that he would not get justice before the HC concerned and seek transfer of his petition outside the state. Such practices cannot be allowed to be continued."

Elaborating on the position of HCs and their judges in the three-tier justice delivery system, the CJI-led bench also comprising Justices R Vinod Chandran and A S Chandurkar, said, "HC judges are constitutional court judges and enjoy the same immunity and privileges as SC judges. Under the constitutional scheme, judges of HCs are not inferior to SC judges." "Though as an appellate court, SC can reverse, uphold or modify HC judgments, it has no administrative control over HCs or judges of HCs," the bench said.

It said that a constitution bench of SC had categorically ruled that not only the petitioner, who makes the scandalous allegations against a judge but the lawyers who draft the petition containing these allegations and file it in court are also liable for contempt of court.

The bench said the politician and the lawyers have tendered unconditional apology to SC. "In our view since the allegations are made against the HC judge, it will be appropriate for the contemnors to tender such apology to the HC judge." SC indicated that on tendering of unconditional apology, the HC would not proceed to take coercive action against the petitioner and his lawyers.