⚖️ Introduction: Litigants Cannot Choose Judges, Says Kerala HC
The Kerala High Court reinforced that litigants cannot choose judges, issuing a clear reminder that judicial assignments follow the Chief Justice’s roster, not personal preferences. The ruling came in Asif Azad v. Jaimon Baby & Anr., where the petitioner refused to argue before Justice P.V. Kunhikrishnan, citing prior costs imposed by the same judge.
📜 Case Background: Roster vs. Recusal Demand
- Petitioner: Advocate Asif Azad
- Issue: Refused to argue before Justice Kunhikrishnan due to prior cost order
- Court’s Response:
- Each case is decided on its own merit
- Imposition of cost in one case doesn’t imply bias in others
- Roster is binding unless the judge voluntarily recuses
“A litigant cannot dictate to the Court that the case should be avoided by a Judge,” the Court remarked.
🧑⚖️ Judicial Roster: Who Decides?
| Authority | Role in Case Assignment |
|---|---|
| Chief Justice | Prepares and enforces the judicial roster |
| Presiding Judge | May recuse voluntarily, but not under pressure |
| Litigant | Cannot demand change of judge based on preference |
Justice Kunhikrishnan warned that allowing such practices would lead to forum shopping, undermining judicial impartiality.
🚫 Contemptuous Conduct & Court’s Leniency
Although the Court deemed the petitioner’s refusal to argue contemptuous, it refrained from initiating contempt proceedings, noting that he appeared in person and may not have understood courtroom decorum. However, it cautioned that future misconduct would invite legal action.
🗂️ Case Details
- Case No: WP(C) Filing No. 33689 of 2025
- Citation: 2025 LiveLaw (Ker) 422
- Respondents’ Counsel: C.S Hrithwik, Senior Public Prosecutor
- Outcome: Writ petition dismissed for non-compliance
💬 Vakilify Insight
This ruling reinforces the sanctity of judicial procedure and the authority of the Chief Justice in roster management. It sends a clear message: litigants must respect the system, and judges cannot be pressured or selectively avoided based on past rulings.
🔗 Related Reading and Links
- 👉 Outbound: Kerala HC Roster Protocol Explained
- 👉 Internal: Safeguarding Free Speech in India
