Tawate Shridhar Tawate
Asked September 27, 2016

Action against Judge for impropriety

  • 1 Answer
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Does the Hon'ble Apex Court take action against the High Court Judge acted with impropriety and virtually prevented the Advocate from making proper submission. What is the legal provision for taking action against such Judge?

Answer 1

You may directly approach the apex court, the Supreme Court, with a writ of mandamus under Article 32 of the Constitution of India, 1949[1]. The writ of mandamus is a command issued by court to a lower authority asking them to perform their duties which they have refused to perform. Carrying out fair proceedings by according necessary opportunities to both parties to present their case and submissions is the duty of a judge. Hence, you may challenge the actions of the HC Judge under this writ of mandamus, so that the apex court directs the HC Judge to take appropriate steps to ensure adequate opportunity is given to the advocate to make proper submissions for the sake of justice.

 

 

[1] Available at: https://indiankanoon.org/doc/981147/

Agree Comment 0 Agrees almost 4 years ago

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