“Forum Shopping” costs Rs. 1,00,000/- to this litigant !

{Forum Shopping” is a term for the practice of unscrupulous trying to get their cases heard in the court which they perceive is most likely to provide a favorable judgment.}

The Karnataka High Court, Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum, castigated a litigant who wanted his matter to be heard by a non-Karnataka Judge alleging that the Judge who is seized of the matter is being influenced by a former Chief Justice of India. The Court dismissed the petition with hefty fine of Rs. 1,00,000/-.

The observed that “The allegation is that most of the Judges show reveration to the undisputed intellect of the retired CJI…. We must remind the petitioner that Hon’ble Judges who are holding constitutional posts are human beings and they are bound to have respect for those who are really honourable and those who possess very high intellect. However, the Judges have taken oath under the Constitution, merely because they respect somebody does not mean that the Judges will be guided by the said person when they discharge their judicial and their constitutional duties.”

“The petitioner should not be under impression as far as this court is concerned the matter is over. We have noted the statement made before the single judge. We expect the petitioner to immediately go before the single judge and withdraw the said submissions. If the said submission is not withdrawn the option of initiating suo-motu proceeding always remains open.”

Compiled by S. Basavaraj, Advocate, Daksha Legal.

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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