Himachal HC intervenes, rebukes lower court actions
Photo used for indicative purpose only. Source internet
Shimla, July 11
In a recent order dated June 21, 2024, the Himachal Pradesh High Court, presided over by Justice Tarlok Singh Chauhan, scrutinized the actions of the Senior Civil Judge of Kinnaur at Reckong Peo regarding the case of Surjan Singh vs. Jawahar Lal (CMPMO No. 275/2024).
The petitioner, Surjan Singh, had challenged the execution court’s order dated July 4, 2023, which directed coercive measures against him without issuing a notice. This procedural irregularity deeply concerned the High Court, prompting it to stay further proceedings in the execution petition until the entire decretal amount was deposited by the petitioner.
The High Court expressed its shock and dismay at the lower court’s handling of the execution petition. Justice Chauhan remarked, “It is not only shocking but appalling to note the manner in which the learned Senior Civil Judge…has dealt with the execution petition by not even caring and bothering to issue notice to the judgment debtor.” He emphasized the importance of adhering to legal procedures, noting that Section 51 of the Code of Civil Procedure, along with other provisions in Order 21, mandates issuing a show cause notice before initiating any coercive actions.
The Senior Civil Judge submitted an unconditional apology, explaining that intent was to comply with the directives from higher courts aiming for swift execution of decrees. However, Justice Chauhan underscored that no matter how well-intentioned, orders must align with legal parameters. He stressed that the failure to issue a notice violated fundamental rights under Article 21 of the Constitution, which safeguards individual liberty.
Justice Chauhan acknowledged the Senior Civil Judge’s apology and the heavy workload faced by judicial officers. Yet, he maintained that such oversights cannot justify deviations from legal norms. Concluding with a warning rather than punitive measures, he remarked that continuous judicial impropriety could undermine public confidence in the judiciary.
The matter was adjourned with the interim order remaining in effect, emphasizing the court’s commitment to ensuring justice while preserving judicial integrity.
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Trial judge explanation seems more agile and in sync with law if trial court does something then this happens