Allahabad High Court Says Judges Need Not Maintain “Sphinx-Like Silence” During Hearings, Rejects Bias-Based Transfer Plea

The Allahabad High Court has observed that judges are not expected to remain silent during court proceedings and that active judicial engagement cannot by itself amount to bias. Justice Dr. Yogendra Kumar Srivastava made the observation while dismissing a transfer application filed by M/s Virola International under Section 24 CPC seeking transfer of an arbitration appeal pending before Commercial Court No. 1, Agra.

The applicant alleged that the Presiding Officer had orally remarked during proceedings that arrangements should be made to pay the respondent, creating an apprehension that the matter had been prejudged. On this basis, the company sought transfer of the case to another court.

Rejecting the plea, the High Court held that judges are entitled to ask questions, seek clarifications and indicate tentative views during hearings. The Court observed that a “sphinx-like” attitude is not expected from judges and that courtroom observations made while testing arguments cannot automatically be treated as evidence of bias.

The Court further noted that the applicant had repeatedly sought adjournments and found merit in the respondent’s contention that the transfer plea was intended to delay proceedings. Holding that no material establishing a real likelihood of bias had been produced, the High Court dismissed the transfer application.