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Interim Order rejected in case making allegations against Judge hearing the'Sathyananda' case

byKv Dhananjayon Saturday, December 17, 2011 at 8:16pm

Dear FriendsThe Hon'ble Principal Civil And Sessions Judge for the Bangalore City Civil and Sessions Court has

this evening rejected the interim application in a transfer suit filed by Sri Madan Patel against the

Judge who has been hearing the defamation case filed by Nithyananda Swamy against Sri Madan

Patel in the ''Sathyananda' case.

It may be noted that on 20-Sep-2011, the Hon'ble Judge had blocked promotion and release of

the Kannada film, 'Sathyananda'. On 11-Nov-2011, the Hon'ble Judge had blocked promotion and

release of the Telugu film, 'Swami Sathyananda' as well as other language versions of the

Kannada film, 'Sathyananda'.Without bothering to even appeal any of the Orders passed so far in the case, Sri Madan Patel had

made a separate transfer petition to the Chief Judge of the Civil Court by stating that the Judge

hearing the 'Sathyananda' case was biased and that on 11-Nov-2011, the Judge had passedOrders in the morning itself instead of waiting until 3 pm and that the Judge had blocked the

Telugu film against strangers even without hearing those strangers and that the Order blocking

the Telugu film was passed even without any prayer made to that effect. An application was also

made by Sri Madan Patel to stay the proceedings.

On 14-Dec-2011, I and Advocate M.P.Srikanth argued against the Transfer petition as well as

against the interim application for stay of proceedings.A small subset of our arguments are here:What does it take to make an allegation against a Judge? Actually, nothing. It is the cheapest

thing to do in the world. It costs nothing. Therefore, Courts have always employed one principal

test to test the bonafides of such applications. And that is, has the person making those

allegations because of some Orders challenged those very Orders on appeal. On this test, Sri

Madan Patel squarely fails. In this Court room, I do not think there is any lawyer who knows any

client who will sit idle when a Court blocks his film that cost him, (as stated by Sri Madan Patel

himself), several crores. So, Sri Madan Patel squarely fails the fundamental test.

Then, the allegations made against the Judge are sheer lies. And are baseless.Then, we don't mind if they convert this proceeding into an appellate court and want to argue

that the earlier Orders are all bad. We will show, very easily, that the Court in question has

passed Orders that are simply unimpeachable and with which no fault can be found even by the

most cynical oflegal scholars. Everything that has been done by that Judge so far is built on a

solid understanding and appreciation of the law and is solely based on the merits of the case. In

fact, the fact that the losing party has not even bothered to file an appeal even after manymonths is itself a great indication that there is not the slightest fault in those Orders. After all, it

costs nothing to appeal and in practice, parties always appeal against interlocutory Orders

particularly when significant financial stakes are involved. In this case, supposedly several Crores

were involved!Moreover, the 56 page Order passed by the Court on 20-Sep-2011 has become a landmark Order

of sorts. It has been uploaded on the internet. Different Lawyers from Delhi, Ahmedabad and

Hyderabad have already made use of those Orders in their cases and a Rs. 40 Crore defamation

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suit in a Hyderabad Court filed last week primarily relies on this interim Order. Such is the

reliance placed by the legal community not just in Bangalore but across several other cities in

India on that Order.So, on consideration of other grounds as well, this Court is under an obligation to protect a

honest and a deligent Judge from such malicious attacks.

This evening, the Hon'ble Court has passed a detailed Order rejecting Sri Madan Patel's interim

application.

RegardsK.V.DHANANJAYAdvocateSupreme Court+91 99105 77765+91 9902909390