Lucknow: The Allahabad High Court’s Lucknow bench on Friday took serious exception to an alleged attempt to influence civil judge Shabina Khan hearing a long-pending land dispute in Gonda, observing that the pressure prima facie exerted by divisional commissioner, Gonda, Durga Shakti Nagpal on the judge struck at the independence of the judiciary and obstructed the administration of justice.Citing a Supreme Court precedent on pressure against judges, , the HC held that the matter required consideration by the court dealing with criminal contempt cases. The bench directed that the matter be placed before the appropriate court after seeking directions from the Chief Justice or the senior judge.Justice Syed Qamar Hasan Rizvi passed the order in course of hearing a transfer application filed by the applicant Jyoti Vidya Mandir school against the Nagar Palika Parishad, Gonda in 1997, arising out of a regular suit pending in the court of civil judge.The dispute concerns several parcels of nazul land recorded in the name of the commissioner, Devi Patan division. According to the divisional commissioner’s version placed before the bench, the land was reserved for construction of an office building and other govt purposes. The state authorities alleged that a school building was constructed on the land and that the dispute over it has been pending before the civil court for nearly three decades and a status quo order was continuing. The applicant school sought transfer of the case outside the Devi Patan division, alleging that authorities of the respondent state were putting undue pressure on the court.The controversy intensified after the civil judge (senior division), Gonda, Shabina Khan reported an alleged telephonic conversation with the divisional commissioner Durga Shakti Nagpal concerning her leave and, according to the judge, a pending case before her. The judicial officer subsequently had on Aug 4 requested the district judge Gonda that the matter be transferred from her court. The district judge transferred the suit to another court of equivalent jurisdiction in Gonda, making the transfer application filed by the applicant school before the HC infructuous.However, , the HC said it could not ignore the allegations surrounding the phone call made by divisional commissioner to the civil judge. The bench observed that the language of the conversation gave a direct impression that the judge had been sought to be influenced. The court said subordinate courts must be protected from pressure and that presiding officers must be free to discharge their duties fearlessly.
