AIR 1998 SUPREME COURT 1855 ::1998 AIR SCW 1653 ::1998 (4) ADSC 220 ::(1998) 2 MahLR 183 ::1998 (3) Civ LJ 618 ::1998 (4) SCC 577 ::1998 (3) RecCivR 644 ::(1998) 3 Scale 153 ::1998 (2) CurCC 88 ::1998 (2) MadLW 444 ::(1998) 3 SCJ 89 ::(1998) 2 SCR 1016 (SC) ::1998 (4) Supreme 191 ::(1998) 3 JT 269 (SC) ::1998 (3) JT 269

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): A. S. Anand, K. Venkataswami , JJ

(A) Constitution of India , Art.50— Independence of judiciary - Terrorising of Judges - By litigant or lawyer to secure favourable order - Cannot be permitted - So also forum shopping. No lawyer or litigant can be permitted to browbeat the Court or malign the presiding officer with a view to get a favourable order. Judges shall not be able to perform their duties freely and fairly if such activities were permitted and in the result administration of justice would become a casualty and Rule of Law would receive a set back. The Judges are obliged to decide cases impartially and without any fear or favour. Lawyers and litigants cannot, be allowed to terrorize or intimidate Judges with a view to secure orders which they want. This is basic and fundamental and no civilised system of administration of justice can permit it. A litigant cannot be permitted 'choice' of the 'forum' and every attempt at "forum shopping" must be crushed with a heavy hand. At the same time, it is of utmost importance to remember that Judges must act as impartial referees and decide cases objectively, uninfluenced by any personal bias or prejudice. A Judge should not allow his judicial position to be compromised at any cost. This is essential for maintaining the integrity of the institution and public confidence in it. The credibility of this institution rests on the fairness and impartia....