No One Should Harbour Misconception That They Can Undermine Or Outrage Court's Dignity: Allahabad HC Slams Fatehpur DM

In a strongly worded order, the Allahabad High Court recently slammed the District Magistrate of Fatehpur for filing an affidavit which, in the Court's view, subtly implied that he held the power to 'uphold', 'undermine' or 'outrage' the 'dignity' of the judiciary. A Bench of Justice JJ Munir took exception to the DM's assurance in his affidavit that the "dignity of the Court will always be upheld", describing it as a "covert thought", which, as per the Court, implied that the DM believed he possesses the capacity to 'undermine' or 'outrage' the 'dignity' of the Court. "This Court is not powerless to deal with Authorities like the Collector and vindicate our own dignity. We do not need his assurance. In employing the words that he assures the Court that the dignity of this Court will always be upheld is a covert thought that he possess the capacity to undermine or outrage our dignity. Let no one, including the Collector, Fatehpur harbour this misconception," the bench remarked. Importantly, in its order, the Bench has further directed the DM to file an affidavit showing cause why appropriate action should not be initiated against him for filing the affidavit in question. The Single Judge's sharp remarks came while hearing a Public Interest Litigation (PIL) in which the petitioner alleged that certain parcels of land, officially recorded as a playground, pond, and khalihan, were being encroached upon and illegally occupied by the Pradhan of the Gram Sabha. Though the Principal Secretary and the concerned District Magistrate informed the Court that disciplinary proceedings had been initiated against a Lekhpal over the encroachment incident, the Bench was also apprised by the petitioner that revenue officials and police personnel were browbeating him into withdrawing the instant PIL. Taking serious note of this allegation, the Court had sought affidavits from the concerned DM and SP, pursuant to which the DM filed an affidavit containing the following paragraph: "17. That the deponent, with utmost respect, humbly submits his sincere and unconditional apology to this Hon'ble Court for any inconvenience or misunderstanding that may have arisen due to the actions of the district administration. The deponent never intended to cause any interference with the petitioner's right to pursue this public interest litigation, nor was there any attempt to influence the proceedings in any improper manner. However, keeping in view the observations made by this Hon'ble Court, the deponent undertakes to be more careful in future and to ensure that all administrative actions are taken with full transparency, fairness, and in strict accordance with law. The deponent respectfully assures this Hon'ble Court that the dignity of the Court and the rights of all individuals will always be upheld." Taking objection to the closing lines of paragraph no. 17, the Court sought a show cause affidavit from the DM concerned for 'assuring' that the "dignity of the Court and the rights of all individuals will always be upheld". The matter will now be heard on May 6.Case title - Dr Kamlendra Nath Dixit vs. State Of U.P. And 11 OthersClick Here To Read/Download Order

No One Should Harbour Misconception That They Can Undermine Or Outrage Court's Dignity: Allahabad HC Slams Fatehpur DM

Sparsh Upadhyay

Tags