Any Attempt To Privately Approach A Judge In A Pending Case Is An Affront To Judicial Independence: Allahabad HC
My heart definitely glows with full radiance and so also I must say with humility that my head simultaneously bows voluntarily with deep reverence to see that in India we have even now Judges of such impeccable character like Hon’ble Mr Justice Krishan Pahal in Allahabad High Court whom I don’t know personally nor have I ever met him personally but who has hogged the limelight now for quite some time for most commendable reason of not tolerating any attempt by any litigant to approach him to influence decision making in matters pending before him. By his own exemplary conduct and unimpeachable integrity, he has made it indubitably clear that the moral fibre and moral courage of a Judge to always manifestly stand by truth and never compromise on integrity which has to be unquestionable of Judges as we see here so ostensibly and in abundance! It is palpably clear that the Single Judge Bench comprising of Hon’ble Mr Justice Krishan Pahal of Allahabad High Court in a most learned, laudable, landmark, logical and latest judgment titled Bhola Prasad vs State of U.P. and 64 other connected matters in Criminal Misc. Bail Application No.- 418 of 2026 that was pronounced just recently on July 30, 2026 has made it indubitably clear that any attempt to privately approach a Judge in a pending case is an affront to judicial independence and it goes without saying that it cannot be ever even slightly tolerated under any circumstances.
Undoubtedly, it has been made crystal clear in this notable judgment that the integrity of the judicial process is more valuable than the outcome of any individual case and so it has to be uncompromised and non-negotiable! It is a no-brainer that this leading judgment is a clear affirmation that the impeccable reputation of the judiciary shall always remain non-negotiable and cannot under any circumstances be ever compromised in any manner just for convenience, expediency or the vested interests of any individual litigant. No denying it!
By any reckoning, it must be said on an unflattering note that such an exemplary conduct by Judge as we see manifestly in this leading case is hundred percent bound to increase further the unflinching faith especially of victims in the complete impartiality of judiciary and impeccable integrity of judges which is definitely most gladdening to watch! We thus see that Hon’ble Mr Justice Krishan Pahal has deemed it fit to recuse himself from a batch of 75 connected bail applications recording officially that the litigating parties had allegedly attempted to approach him while the matters were still pending and were awaiting judgment on it! We need to note that while taking a most serious view of this entire most unfortunate and unsavoury episode, Hon’ble Mr Justice Krishan Pahal while describing the shocking episode as “a black day in the history of this court” minced absolutely just no words to observe pin-pointedly that the incident struck at the very foundation of judicial independence and risked eroding public confidence in the institution! Absolutely right!
By any measure, if there is one institution akin to army which enjoys an impeccable reputation, it is none other than judiciary itself and so it merits just no reiteration that no compromise can ever be even thought of that can imagine to denigrate its impeccable track record as it is undoubtedly the final ray of hope for the litigants and victims on whom they can bank upon when needed most! It definitely merits our complete unwavering, unremitting and singular attention that Hon’ble Mr Justice Krishan Pahal was completely unambiguous in holding most explicitly that, “The very edifice of the judicial institution rests upon the unwavering confidence of the public that justice is administered impartially, fearlessly, and without any extraneous influence. Any attempt, howsoever subtle or clandestine, to interfere with or influence the judicial decision-making process constitutes a direct assault upon the majesty of the Rule of Law.” No denying or disputing it!
Plainly speaking, I am hundred percent sure that no lawyer or judge or jurist or scholar or anyone else worth his/her salt can ever dare to differ or disagree with what Hon’ble Mr Justice Krishan Pahal has so forthrightly pointed out most plainly, pointedly and powerfully yet politely without mincing any words whatsoever! It is high time and all Judges in India must from now onwards time and again reiterate what Hon’ble Mr Justice Krishan Pahal has so very commendably pointed out and ensure always that it is implemented in letter and spirit unfailingly which is beyond an iota of doubt the crying need of the hour also! Of course, this will only serve to further enhance the credibility of Judges which has to be always unimpeachable and un-negotiable!
Having said this, it must be gracefully acknowledged that it was beyond a straw of doubt that Hon’ble Mr Justice Krishan Pahal of Allahabad High Court while displaying his exemplary conduct decided to recuse himself from hearing a litany of bail pleas after litigants attempted to approach and influence the Judge in their own favour during the pendency of the matters before him only to get worst shock in their life by being snubbed hard which deserves to be emulated by all Judges of all courts in similar such cases! It certainly deserves mentioning here that Single Judge Bench comprising of Hon’ble Mr Justice Krishan Pahal of Allahabad High Court was hearing one of the 75 bail applications of the accused who was lodged in jail since 2025 facing multiple cases in the alleged cough syrup smuggling racket that initially stemmed from Uttar Pradesh and gradually spread its deep tentacles not only in just UP but also across various states and not only in just India alone but also across nations which are bordering India. It is worth noting that the Allahabad High Court was hearing several bail pleas which included that of Bhola Prasad who is the father of absconding kingpin Shubham Jaiswal who is the alleged mastermind of a multi-crore codeine syrup syndicate.
As we see, Bhola Prasad was arrested at Kolkata airport on November 29, 2025 while allegedly trying to board a flight to Thailand. He was brought to Sonbhadra on transit remand on Dec 2 and has remained in jail since then. The Bench further noted that if an order were ultimately passed in favour of a party whose case found prima facie acceptance, such an order – irrespective of its legal correctness and intrinsic merit – would remain susceptible to a damaging and unwarranted inference of extraneous inducement.
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Krishan Pahal of Allahabad High Court sets the ball in motion by first and foremost putting forth in para 1 that, “List has been revised.” and so also observing in para 2 that, “The case is released.”
Most significantly and most alarmingly, the Bench encapsulates in para 3 what constitutes the cornerstone of this notable judgment postulating precisely that, “This Court records, with profound anguish and an abiding sense of institutional responsibility, that the present episode marks a black day in the history of this Court. The very edifice of the judicial institution rests upon the unwavering confidence of the public that justice is administered impartially, fearlessly, and without any extraneous influence. Any attempt, howsoever subtle or clandestine, to interfere with or influence the judicial decision-making process constitutes a direct assault upon the majesty of the Rule of Law.”
Do note, the Bench notes in para 4 that, “During the course of hearing, this Court had fixed all the matters to be heard today finally and order might have been delivered at a later point of time.”
Most forthrightly, the Bench envisages in para 5 propounding that, “Subsequently, efforts were made by the litigating parties to secure access to and approach the Presiding Judge. Such conduct, if permitted to pass unnoticed, strikes at the very heart of judicial independence and erodes public confidence in the purity of the adjudicatory process.”
Most worryingly, the Bench while continuing in the same vein points out in para 6 that, “The situation is rendered even more disturbing by the inevitable perception that would follow if the judgment were ultimately to be delivered in favour of the party whose case might find prima facie acceptance during the hearing. The order, irrespective of its legal correctness and intrinsic merit, would be susceptible to an unwarranted but damaging inference that it was the product of extraneous influence or inducement rather than an impartial judicial determination. The reputation of the institution, painstakingly built over generations, cannot be exposed to such avoidable suspicion.”
Most commendably, the Bench does not shy away from sending a very loud and clear message in para 7 stating that, “The sanctity of judicial proceedings does not merely require that justice be done; it demands that justice must manifestly and unquestionably appear to have been done. Any attempt by a litigant or counsel to establish an extra-judicial channel of communication with a Judge in relation to a pending matter is wholly incompatible with the ethics governing the legal profession and the constitutional values underpinning an independent judiciary. Such an approach is an affront to judicial propriety and is utterly intolerable in the precincts of a High Court.”
Most remarkably, the Bench then deems it apposite to expound in para 8 holding explicitly that, “This Court, therefore, considers it wholly inappropriate to proceed further with the matters. In order to preserve the dignity of the institution, to protect the purity of the judicial process, and to eliminate even the faintest apprehension regarding the impartiality of the adjudication, this Court deems it proper to recuse itself from further consideration of the cases.”
It is worth noting that the Bench in para 9 notes that, “Accordingly, the matters stand released from this Court. Let the cases be placed before Hon’ble the Chief Justice for assignment to an appropriate Bench.”
It would be instructive to note that the Bench while striking the right chord hastens to add in para 10 noting that, “Before parting, this Court observes that the Bar and the litigant public alike must appreciate that the independence of the judiciary is not merely a privilege of Judges but a constitutional guarantee owed to every citizen. Any practice calculated to undermine that independence, or even to create an impression that judicial orders may be influenced through private approaches, is a menace to the administration of justice and deserves the strongest institutional condemnation.”
Finally, the Bench on a parting note then concludes by directing and holding in para 12 that, “Put up before the appropriate Bench (not before this Bench), if possible, on 7.8.2026 in the daily cause list after obtaining nomination from the Hon’ble the Chief Justice/Senior Judge.”
In conclusion, Hon’ble Mr Justice Krishan Pahal of the Allahabad High Court has most commendably seriously frowned upon the most reprehensible act of attempting to influence a serving Judge which cannot be just glossed over as neutrality of Judges is indispensable and cannot be ever compromised ! It certainly merits just no reiteration that those who dare to ever influence Judge in any manner must be sent behind bars for at least two to five years to combat, control and crush such nefarious attempts which threatens to denigrate the impeccable reputation of judges and judiciary in the eyes of the public and subvert the process of dispensing justice without getting influenced by any extraneous considerations other than on merits of the case which can be possible only by Centre amending penal laws in this regard! It needs no underlining that it brooks no more delay any longer now and must be done at the earliest!
