Petitioner demands Rs 1 crore from allegedly indiligent judges

Monday, 15 July 2013 By Legally India Bar, Bench & Litigation

Deepak Khosla, a petitioner in the Shimla high court, asked for compensation of Rs 1 crore from two sitting judicial officers, police personnel, public prosecutors and McDonalds managing director Vikram Bakshi. Khosla alleged he had been “framed” in baseless criminal proceedings, resulting in substantial injury to his reputation.

The Times of India reported:

“The petitioner in court stated that no mala fides was being alleged against two judges of a district court arrayed by name in the application but alleges ‘implied malice’ resulting from their negligence in diligently perusing the case materials before them in which Khosla is an accused.

[…] taking up the application moved under Section 482 of CrPC, Chief Justice A M Khanwilkar heading the bench with Justice Kuldip Singh after issuing a stern warning to petitioner Deepak Khosla about the nature of the relief sought, (compensation of Rs 1 Cr) said in the open court that in all his career in the bar or as a judge he had not come across any such case where judges were intended to be sued.

Deepak Khosla Shimla high court

Comments

DHC Lawyer 15 Jul 2013, 13:56

+1 -2

Delhi HC regulars who know abt Mr. Khosla's antics wouldn't be surprised at all wid the petition. DHC judges have been at the receiving end for a long time now.

Deepak Khosla 15 Jul 2013, 16:03

+4 -3

If you think you're familiar with my 'antics', as the saying goes, 'you ain't seen nothing yet, baby !'.

If you were a lawyer worth your salt, you would assuredly have been more curious how a Judicial Officer can be sued for acts done in his judicial capacity.

Suppose your client wants to sue "for being at the receiving end of a Judge for a long time now" : what advice would you give him, O Learned One ?

To come to me ?

Jeez......

Wake-up Call 16 Jul 2013, 18:10

+4 -0

Ha ha, doesn't the DHCBA also indulge in antics and place judges at the receiving end, including physically blocking entry to courtrooms?

To cut to the chase, I don't see how even a half-baked lawyer can fail to appreciate the case of Adv. Khosla on a prima facie basis, in light of the news reports / facts. Now that the Hon'ble HP HC has agreed to consider the case on merits, will you eat your hat for labelling it as an "antic"?

We all know about the various antics in Indian courtrooms and it is an unfortunate fact that judges sometimes do not care to apply their mind, for whatever reasons, even in criminal cases where liberty of an individual is at stake. Why shouldn't the judges be accountable for any instance of deliberate disregard for the law which they pledge to uphold? How else will the lower judiciary become aware of its basic duty, which it may continue to ignore in the absence of a wake-up call?

As a lawyer, I will refrain from slinging mud at our judiciary, but I cannot help but admire Adv. Khosla for his brave and decisive act.

@ Adv. Khosla: Few people have the spine and b@ll$ to fight, or even speak openly about issues like these. Respect.

Deepak Khosla 15 Jul 2013, 16:22

+1 -0

I'm looking to ramp up my office with 15 associates / juniors by end-August 2013. Interested in the latter category ? (No offence, but since you're nameless, hiding behind a curtain, all I have to go on to judge you is by that asinine remark, which seems to indicate how little of the law you know, hence, the offer to the post of a 'junior').

And if you want to know about some other comments on a similar post (non-lawyers, of course), try this link : http://articles.timesofindia.indiatimes.com/2013-07-13/india/40553145_1_judicial-officers-deepak-khosla-district-court.

And this post : http://www.barandbench.com/comment/42723.

Not that those comments are right. But they are an interesting counter-point. Wouldn't you agree ?

P.S. Smile when you type....!!!!

Rotten eggs 17 Jul 2013, 05:27

It is the unfortunate truth that the police indulge in framing people and it is also true that the judiciary sometimes assists the rotten cops either intentionally or by non application of mind. Both are foul and offensive. The police and judges are usually well versed enough in the law to cover their a$$, so there is no point in hypothesizing that it may be possible to nail them if evidence is available, because, there isn't ant hard evidence in most cases! Also, not everyone is an advocate that they will be able to fight injustice (check that: deliberate or negligent miscarriage of justice). The Little Man of India is often crushed by the rotten eggs. Police men ride motorbikes atop the body of hawkers, torture 10 year olds in illegal custody and send rape victims to lockup. And the judges are no less sometimes in raping the law (http://bellary0.hpage.co.in/judge-bribed_8425871.html).

Who will bell the cat? Adv. Khsola seems to be the answer!

MK 17 Jul 2013, 07:42

+0 -0

Interesting case, and to dismiss it as an antic or without merit without knowledge of its facts is foolhardy. Could well be a precedent to be relied on in the future. The Himachal Pradesh High Court has the opportunity to bring about large-scale reforms in the manner in which lower courts function. Here's hoping it is up to the challenge.

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