Unfavourable Order No Ground To Allege Bias Against Judge, Seek Case Transfer: Delhi High Court

The Delhi High Court has observed that mere passing of an unfavourable order cannot, by itself, be a ground to allege prejudice and bias against a judge and seek transfer of the case. Justice Saurabh Banerjee dismissed a petition filed by a woman seeking transfer of a criminal matrimonial case from a Mahila Court to another court on allegations of bias against the judge. At the outset, the Court found that the litigant was once again trying to re-agitate the very same issues which were already negated by a “well-reasoned speaking impugned order” passed by the Principal Judge. The Court said that the impugned order was passed after taking into consideration not only the factual matrix involved but also the settled legal position as well. “The impugned order also reflects that all the (similar) contentions raised by the petitioner in the present petition qua the alleged bias of the learned Trial Court have, in fact, been elaborately rejected by the learned Principal Judge, and it has been categorically held that mere discharge of the husband and mother-in-law of the petitioner vide the order on charge dated 28.06.2025 could not form any basis to assume bias, as the onus was on the petitioner to substantiate her claims with material particulars,” the Court said. “Even otherwise, since the said order(s) were passed by a Court of law in discharge of the duties, merely because it was not a favourable order in favour of the petitioner does/ cannot involve an element of bais, all the more whence it is always open for the petitioner to take recourse to the appropriate remedies as available to her in accordance with law,” it added.The Court was informed that the woman had already taken recourse to appropriate remedy as available in accordance with law by challenging the order of discharge by way a separate proceeding.“At the end of the day, since there are no other facts asserted, issues, reasons and grounds raised and/ or arguments addressed by learned counsel for the petitioner before this Court, and which have not been conclusively answered by the learned Principal Judge there is no reason for this Court to issue notice in this petitioner so as to invoke the extraordinary jurisdiction under Section 528 BNSS to interfere with the impugned order,” the Court held.Title: JASPREET KAUR v. JAGJEET SINGH & ORSClick here to read order

Unfavourable Order No Ground To Allege Bias Against Judge, Seek Case Transfer: Delhi High Court

Nupur Thapliyal

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