SC upholds "rotten" Allahabad HC remark; takes potshots at judges

Says some judges at the HC suffer from "uncle judge" syndrome

PTI | December 10, 2010






 The Supreme Court today rejected a plea for expunction of its controversial, 'something-rotten-in-Allahabad High Court' remark, saying it stood by its suspicion that some of its judges, not all, are suffering from uncle judge syndrome.

"There are many excellent and upright judges too there, who are keeping the flag of the High Court flying high by their integrity and hard work," a bench of justices Markandey Katju and Gyan Sudha Mishra said, while disposing of the High court's application.

"It is totally false to say that all judges of the Allahabad High Court are corrupt. It is nowhere mentioned in our November 26 order that all judges are corrupt," the bench said.

"We have not painted everyone with the same brush," it said, adding, "What is mentioned in the order is that there are complaints against certain judges, not all judges."

The bench, however, refused to rule out that the High Court is completely bereft of the 'uncle judge syndrome' which refers to judges passing favourable orders for parties represented by lawyers personally known or related to them (judges) in the High Court.

Referring to its November 26 order, the bench said, "It has been mentioned in the order that many lawyers who are relatives of judges are scrupulously taking care that no one should lift a finger on that account.

"Others, however, are shamelessly taking advantage of this relationship," it said.

Rejecting the arguments of senior counsel P P Rao that even a clarification that some are excellent and good judges would still put their integrity in doubt, the bench remarked, "It is not just time to react but also to introspect.

"We can quite appreciate the anguish of some of the judges of the High Court, but we cannot overlook the fact that there are times when introspection is required and not mere reaction," it said.

"We earnestly request the judges to consider our (November 26) order in that spirit," the bench noted.

Reacting to Rao's persistent plea that the clarification would not be sufficient, Justice Katju angrily retorted during the hearing, "Do not tell all those things. I and my family have more than 100 years of association with the Allahabad High Court.

"People know who is corrupt and who is honest. So do not tell me all this," said Justice Katju, adding, "Tomorrow, if Markandey Katju starts taking bribe, then the entire country will know about it. So do not tell me as to who is honest and who is corrupt."
 

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