REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I. A. NO. 2  

IN

SPECIAL LEAVE PETITION (C) No. 31797 of 2010

Raja Khan    ..     Petitioner

-versus-

U.P. Sunni Central Waqf Board & Anr.   .. Respondents

O R D E R

1. This is an application praying for expunging certain remarks made in  

our judgment dated 26.11.2010 in the aforesaid case.  

2. The Allahabad High Court has had a glorious history having produced  

great  lawyers  who were  leaders  in  the  Independence  struggle.   It  is  the  

largest High Court in India, and often gives leadership to all the High Courts  

in the country.  There have been many great Judges who have adorned the  

bench  of  the  High  Court  upholding  the  rich  traditions  of  the  Court  and  

maintaining  the  highest  level  of  integrity  e.g.  Justice  Mahmood,  Justice  

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Pramoda Charan Banerjee, Chief Justice Shah Mohammed Suleiman, Chief  

Justice Kamla Kant Verma, Justice Vashisht Bhargava, Chief Justice O.H.  

Mootham, Chief Justice Nasirulla Beg, Justice S.N. Dwivedi, Justice Satish  

Chandra,  Justice  Yashoda Nandan,  Justice  H.N.  Seth,  Justice  N.D.  Ojha,  

Justice C.S.P. Singh, Justice A. N. Verma, etc.  Hence what happens in the  

Allahabad High Court is of great importance to the entire judiciary in the  

country, as it will have great impact on all the High Courts in the country.   

3. There  are  presently  many  excellent  Judges  of  the  Allahabad  High  

Court.  These upright Judges are keeping the flag of the High Court flying  

high by their integrity and hard work.  It is therefore totally false to say that  

all Judges of the Allahabad High Court are corrupt, or to construe our order  

dated 26.11.2010 in that manner.  It is nowhere mentioned in the said order  

that all Judges of the High Court are corrupt.  What is mentioned in the order  

is that there are complaints against “certain Judges”, not  all Judges.  It has  

been mentioned in the order that many lawyers who are relatives of Judges  

are scrupulously taking care that no one should lift a finger on that account.  

It is clarified that many Judges in the High Court are doing the same.  

4. One of us (M. Katju, J.) has close attachment to the Allahabad High  

Court  as  his  family  has  been associated  with  the  High Court  for  over  a  

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century.  It  is,  therefore,  inconceivable that he would like to damage the  

High Court in any way.  However, what has caused great pain and anguish  

to us,  are certain unfortunate happenings for some time in the Allahabad  

High Court.  It is not necessary to mention all of them here, but reference  

can  certainly  be  made  to  certain  distressing  orders  passed  during  the  

Summer Vacations by certain Judges of the High Court this year (2010), one  

of which pertains to this very case.

5. In para 9 of the Application filed before us it is stated that sweeping  

observations have been made against the High court.  This is not correct.  In  

fact, in the order dated 26.11.2010 it has been stated –

“We do not mean to say that all lawyers who have  close relations as Judges of the High Court are misusing  that relationship.  Some are scrupulously taking care that  no one should lift  a  finger on this account.   However,  others  are  shamelessly  taking  advantage  of  this  relationship”

How is the above a sweeping observation?  A distinction is clearly made in  

the above between those who are taking care of their reputation and those  

who are not.

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6. It is alleged in paragraph 9 of the application that the observations we  

have made in our order “seriously damage the reputation of the institution”  

and sully its image.  In this connection we wish to say that the reputation of  

an institution is damaged and its image sullied when some of its members  

pass shocking orders and behave in a totally unacceptable manner.

7. We can quite appreciate the anguish of some of the learned Judges of  

the Allahabad High Court, but we cannot overlook the fact that there are  

times when introspection is required, and not mere reaction. We earnestly  

request the Hon’ble Judges of the High Court to consider our order in that  

spirit.  

8. We  again  reiterate  that  there  are  many  excellent  Judges  in  the  

Allahabad High Court who are working hard and doing their duty honestly,  

and we have not painted everyone with the same brush.   

9. With these observations the Application stands disposed of.

.............................................J. [MARKANDEY KATJU]

NEW DELHI; .............................................J. DECEMBER 10, 2010 [GYAN SUDHA MISRA]

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