RAJA KHAN versus U.P. SUNNI CENTRAL WAQF BOARD & ANR.

Citation: [2010] 13 S.C.R. 1212 · Decided: 10-12-2010 · Supreme Court of India · Bench: MARKANDEY KATJU, GYAN SUDHA MISRA · Disposal: Disposed off
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Judgment (excerpt)

[2010] 13 (ADDL.) S.C.R. 1212 
A 
RAJA KHAN 
v. 
U.P. SUNNI CENTRAL WAQF BOARD & ANR. 
I. A. NO. 2 
IN 
B 
(Special Leave Petition (C) No. 31797 of 2010) 
DECEMBER 10, 2010 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
C 
Administration of Justice: 
Order of Supreme Court - Application for expunging 
certain observations therefrom - HELD: It is not correct to say 
that sweeping observations have been made against the High 
0 
Court - It has been specifically mentioned in the order that 
there are complaints against "certain Judges''. not all Judges 
and that many lawyers who are relatives of Judges are 
scrupulously taking care that no one should lift a finger on that 
account - It is clarified that there are many upright Judges in 
E 
the High Court, who are doing the same and everyone has 
not been painted with the same brush. 
The instant application was filed for expunging 
certain remarks made in the order of the Supreme Court 
passed on 26.11.2010, while disposing of the special 
F 
leave petition. It was stated in the application that 
sweeping remari':s had been made against the High 
Court. 
Disposing of the application, the Court 
G 
HELD: 
It is not correct to say that sweeping observations 
have been made against the High court. What is 
mentioned in the order dated 26.11.2010 is that there are 
H 
1212 
RAJA KHAN v. U.P. SUNNI CENTRAL WAQF BOARD1213 
& ANR. 
complaints against "certain Judges", not all Judges. It A 
has been mentioned in the order that many lawyers who 
are relatives of Judges are scrupulously taking care that 
no one should lift a finger on that account. It is clarified 
that many Judges in the High Court are doing the !'>ame. 
There are presently many excellent Judges of the 
B 
Allahabad High Court. These upright Judges are keeping 
the flag of the High Court flying high by their integrity and 
hard work. A distinction is clearly made in between those 
who are taking care of their reputation and those who are 
not. However, what has caused great pain and anguish 
C 
to the Court are certain unfortunate happenings for some 
time in the High Court. Reference can certainly be made 
to certain distressing orders passed during the Summer 
Vacations in 2010, one of which pertains to this very case. 
The fact that there are times when introspection is 0 
required cannot b overlooked. The order of this Court is 
to be considered in that spirit. It is reiterated that there 
are many excellent Judges in the High Court who are 
working hard and doing their duty honestly, and 
everyone has not been painted with the same brush. 
E 
[para 3, 7, 8] [1214-F-G; 1215-G-H; 1216-A-B] 
CIVIL APP ELLA TE JURISDICTION : I.A. No. 2-3 of 2010. 
IN 
SLP (CIVIL) Co. 31797 of 2010. 
From the Judgment & Order dated 05.-08.2010 of the High 
Court of Judicature at Allahabad in Special Appeal No. 973 of 
2010. 
Anis Suhrawardy for the Petitioner. 
P.P. Rao, Ashok K. Srivastava for the Respondents. 
The following order of the Court was delivered 
F 
G 
H 
A 
8 
1214 SUPREME COURT REPORTS [2010) 13 (ADDL.) S.C.R. 
ORDER 
1. This is an application praying for expunging certain 
remarks made in our judgment dated 26.11.2010 in the 
aforesaid case. 
2. The Allahabad High Court has had a glorious history 
having produced great lawyers who were leaders in the 
Independence struggle. It is the largest High Court in India, and 
often gives leadership to all the High Courts in the country . 
. There have been many great Judges who have adorned the 
C bench of the High Court upholding the rich traditions of the Court 
and maintaining the highest level of integrity e.g. Justice 
Mahmood, Justice Pramoda Charan Banerjee, Chief Justice 
Shah Mohammed Suleiman, Chief Justice Kamla Kant Verma, 
Justice Vashisht Bhargava, Chief Justice O.H. Mootham, Chief 
D Justice Nasirulla Beg, Justice S.N. Dwivedi, Justice Satish 
Chandra, Justice Yashoda Nandan, Justice H.N. Seth, Justice 
N.D. Ojha, Justice C.S.P. Singh, Justice A. N. Verma, etc. 
Hence what happens in the Allahabad High Court is of great 
importance to the entire judiciary in the country, as it will have 
E great impact on all the High Courts in the country. 
3. There are presently many excellent Judges of the 
Allahabad High Court. These upright Judges are keeping the 
flag of the High Court flying high by their integrity and hard wo1k. 
F 
It is therefore totally false to say that all Judges of the Allahabad 
High Court are corrupt, or to construe our order dated 
26.11.20
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