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High Court: Dishonest recording of Court proceedings is greatest injustice to a Litigant

January,8,2017:

Dishonest recording of proceedings is greatest injustice
Dishonest recording of proceedings is greatest injustice

A Judge who does not honestly and fairly record the proceedings, does the greatest injustice to parties, said High Court.

Delhi High Court has observed that a Judge who does not record court proceedings “honestly and fairly” ends up doing the greatest injustice to litigants.

These observations were made by the HC while transferring a corruption case from one trial court to another.

While appreciating the efforts of the Special Judge in expediting the trial in the case, Bench said that this does not mean that while doing so the Trial Court can act in a “brazen and uncompassionate manner”.

Justice Vipin Sanghi of Delhi Hgh Court observed that a Judge who does not record the Court proceedings honestly and fairly does the greatest injustice to parties.

No Judge is supposed to have any personal interest in a case being tried by him. Court is always expected to truthfully record the proceedings carried out by him, HC said.

The High Court transfered a 16-year- old graft case from the court of a special CBI judge here to another trial court.

The high court also reminded the special judge that ‘justice should not only be done but also be seen to be done’.

The high court accepted that in the graft case the conduct of the trial judge was “smacking of bias.”

HC said that the special judge, in his haste toc onclude the trial had conducted the proceedings unfairly.

The petitioner’s counsel had issues with the conducy of the Judge in the admission and denial stage of documents.

The high court held that accused had the right to seek advice and assistance of his counsel at all stages of tria.

Accused had sought exemption from personal appearance for one day on the ground that he is only son of his father who was admitted in hospital.

The bench said that “Heavens would not have fallen, had the accused been exempted for a day”.

 

 

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