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Commenting on another judge unethical: Court

NEW DELHI: The Delhi High Court has cautioned an Additional Sessions Judge here against making adverse remarks on the performance, physical fitness and working style of another judge of the same rank, observing that it was against judicial ethics and discipline.

Justice V.B. Gupta made the observation while pronouncing the judgment on a petition by a man challenging a lower court judgment setting aside his mutual divorce by another trial court enjoying the same judicial powers.

Additional Sessions Judge S.P. Mittal had allowed Jitendra Khanna and Gyatri Bajaj to divorce mutually in 2003.

However, Ms. Bajaj filed a revision petition in the court of Additional Sessions Judge V.K. Khanna in 2004 submitting that her husband had got her to agree to go in for a mutual divorce fraudulently.

Justice Khanna had allowed her petition and set aside Justice Mittal’s judgment. He had made uncharitable remarks against his colleague’s style of functioning, physical fitness and performance.

Mr. Khanna approached the High Court challenging Justice Khanna’s judgment.

Justice Gupta said Justice Mittal was not only a judge of equal rank but also senior to Khanna.

He sent the matter to the District Judge asking him to take appropriate action against the errant judge.

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