Ex-Punjab CJ wanted judge moved out in ‘interest of justice’

In his 12-page letter, Justice Jain questioned the judicial propriety of Justice Gill opting to be administrative judge of Ludhiana when he was aware that a property case involving his son, advocate Amandeep Singh Gill, was pending in Ludhiana.

Justice Jain objected to the fact that Justice Gill did not disclose this to him. “He (Justice Jain) didn’t ask me about it,” Justice Gill told The Indian Express when asked for comment. “Since there was nothing wrong, the issue was not discussed.” (see box).

The son’s case involves a plot in Moga measuring 74 kanals and 15 marlas. A suit contesting the possession of the land by the Punjab Government and the state’s Chief Agricultural Officer — for use by a government seed farm — was filed on October 3, 1998 by Justice Gill’s son Amandeep Singh Gill, a lawyer in Moga.

The manager claimed that because Amandeep Singh Gill was the son of Justice Gill and both were from Moga, the case could be influenced. His request was accepted — and the case transferred from Moga to Ludhiana on April 30, 2001.

On May 15 this year, Justice Gill chose to take up the assignment of Administrative Judge for Ludhiana. Five days later, an application was filed in the Punjab and Haryana High Court by his son asking for transfer of the case from Ludhiana.

The son cited the fact that his father was now the Administrative Judge for Ludhiana. According to Justice Jain’s letter, the son didn’t bring the history of the case to the court’s attention. A single-judge bench of the High Court transferred the case to Ferozepur.

In his letter, Justice Jain said Justice Gill chose Ludhiana without disclosing the fact that his son’s property case was pending there.

This was against a resolution passed in full court that a judge should not choose a district where his or his relative’s case is pending.

... contd.