Bombay High Court transfers case from judge after lawyer comments on Facebook post
Bombay High Court transfers case from judge after lawyer comments on Facebook post
"The conduct of the lawyer in responding to the Facebook post of a judge who was hearing their appeals could be viewed as professional misconduct," the bench said.
In a strange case of one's social media behaviour affecting legal proceedings, a division of Bombay High Court has ruled that a principal judge was not wrong in transferring a case after a lawyer commented on the judge’s post on Facebook, as per a report in The Times of India.
"The conduct of the lawyer in responding to the Facebook post of a judge who was hearing their appeals could be viewed as professional misconduct," the bench said. The bench went on to add that the judge was right in transferring the matter.
"Petitioners seeking directions to frame guidelines in regard to the issue of recusal of a judge in a given case cannot be entertained," it added.
The matter was concerning a property dispute between two families. An order against the decree was being heard by the additional district judge at the Pune Sessions Court.
In April 2018, the lawyer representing the petitioner, who is also a family member, commented on the Facebook post of the judge.
The matter was transferred to another court after the additional sessions judge brought it to the notice of the principal judge.
The family challenged the decision in High Court and also sought for the matter to be removed from the judge who was currently assigned to hear it. They claimed that the additional sessions judge could have recused himself from the matter as he had heard the case over the last three years.