HC judges shouldn’t hear cases involving former clients: Supreme Court

New Delhi: The Supreme Court has observed that a High Court judge ought not to hear and pass orders in a matter involving a former client, particularly where the dispute concerns the very same subject matter in which they had earlier appeared as counsel, stressing that “justice must not only be done but must also be seen to be done”. 

A bench of Justices Sanjay Kumar and Sanjeev Sachdeva made the observations while disposing of special leave petitions (SLPs) filed by Prateek Resorts and Builders Private Limited challenging a series of interim orders passed by a judge of the Uttarakhand High Court in connection with criminal writ proceedings concerning a land dispute.

It found that the High Court judge had earlier appeared as counsel for Prateek Resorts and Builders Private Limited in a 2013 writ petition involving the very same parcel of land that later became the subject matter of inquiry in the criminal writ petition before him.

In such circumstances, "in the interest of judicial propriety", the judge ought not to have entertained the matter or passed orders in it, the apex court held.

"Trite to state, justice must not only be done but must also be seen to be done. Passing orders either in favour of or against a former client, a private entity, does not further that cause," the Justice Sanjay Kumar-led Bench observed.  It also took exception to the manner in which the scope of the writ petitions had been expanded through the interim orders.

The apex court observed that the two writ petitions had been filed on "altogether different issues" and that their scope had subsequently been enlarged by the judge to address matters which were not connected with the original issues before the High Court. (IANS)

Also Read: Supreme Court Seeks SIT Report on Ram Temple Trust Donation Probe, Issues Notice to Trust