Allahabad High Court Condemns Trial Judge for 'Daylight Judicial Murder' in Property Dispute
In a scathing indictment of judicial conduct, the Allahabad High Court has directed administrative action against a trial judge in Ghaziabad, terming his actions as "deliberate judicial misconduct" and characterizing the lower court's order as a case of "daylight judicial murder." The court's strong rebuke came after the judge ignored a death certificate while deciding a contentious property case, enabling illegal gains for the plaintiff.
Court Orders Action Against Civil Judge for Ignoring Death Certificate
Justice Sandeep Jain of the Allahabad High Court, in a judgment dated February 24, allowed an appeal filed by the Ghaziabad Nagar Nigam (GNN) and set aside the civil judge's verdict from May 13, 2025. The high court found that the trial judge had deliberately disregarded the death certificate of the original property owner, leading to a decision that was "passed against a deceased person." The bench has directed the matter to be placed before the Chief Justice of the Allahabad High Court for appropriate administrative action against the errant trial judge.
Shocking Reasoning and Extraneous Considerations
The case centered on a dispute involving adverse possession by a tenant, where the civil judge refused to admit a photocopy of the original owner's death certificate and instead directed the GNN to record the tenant's name as the property owner. Justice Jain rejected the trial court's reasoning that the death certificate was inadmissible because it was merely a photocopy, stating, "The reason assigned by the trial court for ignoring the death certificate is shocking, perverse and tainted with extraneous considerations."
Court's Strong Condemnation of Judicial Misconduct
In a strongly worded observation, the high court expressed deep concern over the trial judge's conduct, noting, "The conduct of the trial judge is not above board. It is a case of deliberate judicial misconduct, which renders the integrity of the judge doubtful. This is a case which shocks the conscience of this court. It is a case of daylight judicial murder." This severe criticism underscores the court's commitment to upholding judicial integrity and preventing misuse of legal processes.
Legal Principles on Adverse Possession Clarified
Regarding the tenant's claim of adverse possession, the court firmly held that once a person enters a property as a tenant, they are obligated to hand over vacant possession to the landlord and cannot deny the landlord's title. This clarification reinforces established legal principles that protect property rights and prevent tenants from unlawfully claiming ownership through adverse possession.
The Allahabad High Court's decisive action highlights the importance of judicial accountability and the need for judges to adhere strictly to legal procedures and evidence. By setting aside the flawed verdict and recommending administrative measures, the court aims to deter similar misconduct and ensure justice in property disputes across the region.
