📷 Image Credits: Indian Legal News
The Delhi High Court recently issued a set of crucial directions aimed at ensuring fairness and integrity in the handling of transfer applications filed before Principal District and Sessions Judges. In a notable case involving the Directorate of Enforcement v Ajay S Mittal, Justice Swarana Kanta Sharma emphasized the importance of upholding judicial integrity while addressing allegations of bias.
The High Court’s directive outlined key steps to be followed by judges when considering transfer applications based on allegations of bias. Justice Sharma stressed that no case should be transferred from a judge without inviting and considering the concerned judge’s comments on the allegations of bias. This move aims to ensure a fair and transparent process in addressing transfer requests.
Furthermore, the Court highlighted the significance of preserving the confidentiality of interactions between judges and court staff. Justice Sharma emphasized that such interactions should be treated with respect and privacy, and not subject to scrutiny by litigants or lawyers. The Court’s decision serves as a reminder of the ethical standards expected within the legal fraternity.
The case involving the transfer of the Bhushan steel money laundering matter underscored the need to uphold principles of natural justice and real apprehension of bias. Justice Sharma’s detailed guidelines and directives aim to establish a robust framework for assessing bias allegations while maintaining the impartiality of the judicial system.
The Court’s decision to set aside the transfer order in the mentioned case signifies a significant step towards maintaining integrity and fairness in judicial processes. By forwarding its judgment and guidelines to all Principal District and Sessions Judges of Delhi, the High Court seeks to ensure the consistent application of these principles in future cases. The legal precedent set by this case reinforces the paramount importance of judicial integrity and transparency in the administration of justice.
