Del ADJ under scanner for disrespecting HC Judge

The Delhi High Court has ordered initiation of criminal contempt against Additional District and Sessions Judge (ADJ) Kamini Lau for making allegedly "personal allegations" against a High Court Judge.

Lau is currently posted as Special Judge, Tis Hazari.

In an order passed yesterday, Justices Valmiki Mehta and Indermeet Kaur came down heavily on the ADJ for making allegedly "unacceptable and unfounded statements" with respect to observations contained in judicial orders passed by an HC judge.

In applications filed in the HC, Lau had sought expunction of adverse remarks and observations made by a Single Judge in four orders. The remarks pertained to orders passed by her while dealing with cases before her.

The HC bench cited Supreme Court judgments to underline that while high courts shouldn't make unwarranted comments against judicial officers, the power to make critical observations was vested in the high courts.

"The observations made by the high court against a judicial officer of the subordinate court however if are only in the nature of judicial comments, i.e. of judicial nature ..."

... and the observations made cannot be faulted for their lack of sobriety, then in such a case the observation so made by this court cannot be said to be in the nature of adverse remarks or strictures or negative, disparaging remarks personally against the judicial officer," the bench said.

In her plea, Lau had alleged that the single Judge had selectively and repeatedly targetted her.

To this, the bench headed by Justice Mehta said, "We are indeed perturbed and upset at the language used by the applicant in her applications….the applicant in para 2 has stated that the learned Single judge of this court is guilty of violation of the norms of judicial propriety. Surely, it is impermissible for the applicant/judicial officer to make such observations against the Single judge of this court who is exercising appellate jurisdiction over the judgment passed by the applicant/judicial officer."

Dubbing her stance "unbelievable and unacceptable", the HC observed, "We found it unbelievable and unacceptable that the applicant has crossed all norms of acceptable behavior and made personal allegations against learned single judge of this court.

Holding Lau prima facie guilty of criminal contempt of court, the bench then issued notice to her and directed that the matter be listed on February 16 before the Bench hearing criminal contempt petitions.