P&H High Court Rules Heated Exchanges Not Sufficient Grounds for Transfer: Emphasizes Need for Court Decorum”

In a significant ruling, the High Court of Punjab and Haryana clarified that “heated exchanges between counsel and Presiding Officer were not sufficient grounds for transfer.” The judgment, delivered by Hon’ble Mr. Justice Vikram Aggarwal, emphasized the importance of maintaining court decorum by both Presiding Officers and Bar Members.

The case revolved around a transfer petition filed by the petitioners, who were aggrieved by the District Judge, Gurugram’s dismissal of their transfer application for Civil Suit No. CS/1615/2023. The petitioners claimed that they were denied a fair hearing, causing them to apprehend that they would not receive justice.

The counsel for the petitioners argued that their clients were denied an opportunity for a fair hearing by the trial court. In opposition, the counsel for respondents no.1 and 2 stated that the trial court had been adjourning the matter and did not display any haste. Interestingly, the counsel for proforma respondent no.3 supported the petitioners.

Justice Vikram Aggarwal, in his observation, stated that “this alone would not be reason enough for an apprehension to crop up in the minds of any of the parties that they would not get justice from the Court concerned.” He further emphasized that it is for the Presiding Officers also to ensure that no acts of theirs give rise to such an apprehension.

The High Court found no illegality in the order passed by the District Judge, Gurugram, and dismissed the revision petition. However, it directed the concerned court to ensure a fair hearing to all parties in future proceedings.

Date of Decision: August 23, 2023

Raj Bala and another vs Rishabh Birla and others