TMI Blog1994 (4) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... for two months under Section 307 of the Indian Penal Code. Both sentences were directed to run concurrently. The appellant filed Criminal Appeal No. 117 of 1986 in the High Court. On 27-8-1993 the appeal came up before D.M. Dharmadhikari, J. It was adjourned since the lawyers at Jabalpur were on strike on that day. Thereafter the matter was listed on 11-10-1993. On that day also the lawyers were on strike. Therefore, the appeal was dismissed by the impugned judgment for want of prosecution. On 20-11- 1993 an application under Section 482 Code of Criminal Procedure was preferred for restoration of the appeal and to decide the same on merits. By an order dated 26-11-1993 the said application was dismissed. Hence, the special leave petition. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch he is also responsible for the acts of the Chief Justice. It appears that on this account only the Bar Association has demanded that this Court should also be transferred. It is learnt that a writ petition has been preferred seeking transfer of the Chief Justice and it is under consideration. The learned Justices of the Supreme Court have urged the Advocates of this Court that during the pendency of the said writ petition they should not resort to any such agitation and withdraw the agitation that is being continued by them. News items published in the newspapers indicate -that the strike has been called off on 13-9-1993 and a decision has been taken to boycott appearance before the Chief Justice and this Court. As regards the question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The judicial proceedings in this Court relating to the administrating the High Court during that period would indicate that this went severely wrong in the High Court's administration in certain matters. The fact is that the advocates were on strike justifiably or otherwise. Why should the Court embark on the reason for the strike which was not the issue before it? Therefore, all the observations which we have quoted above were totally unwarranted. A judge must be of sterner stuff. His mental equipoise must always remain firm and undeflected. It is essential that a judge should not allow his personal prejudice to go into the decision-making as was remarked by Scrutton, L.J. in R v. Bath Compensation Authority (1925) 1 KB 635, 719 (CA): ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
