Bihar judge claims suspended for quick delivery of justice, SC issues notice to state govt
New Delhi(PTI): The Supreme Court on Friday agreed to hear a judicial officer's plea challenging his suspension by the Patna High Court, presumably for delivering a series of quick judgements, including in a POCSO case where he concluded the trial in a single day.
A bench of Justices U U Lalit and S R Bhat issued notices, including to the state of Bihar, on the plea filed by Shashi Kant Rai, an additional district and sessions judge (ADJ) in Araria.
Rai has claimed in his plea that he "reasonably believes" there is an "institutional bias" against him as he concluded the trial in a POCSO (The Protection of Children from Sexual Offences Act) case involving the rape of a six-year-old girl in a single day.
He has cited another judgement where he awarded capital punishment to an accused in four working days of trial, and claimed these verdicts were widely reported in the media and appreciated by the government and public alike.
"Issue notice returnable in two weeks," the bench ordered.
"The response to the petition shall indicate the steps taken pursuant to the order of suspension which is presently under challenge and place all the concerned documents on record," the court said.
During the hearing, the bench observed there are several judgements of the apex court where it has said sentence should not be pronounced on the same day (after concluding the trial).
Justice Lalit recalled a judgement was rendered in a case where a person was given death sentence in a span of nine days and the top court set aside that order and sent the matter back to the sessions court for fresh trial.
"Because, according to us, this will be a travesty of justice that you are not even giving adequate notice, adequate opportunity to the person who is finally going to get death sentence," the bench said, adding the judgement was delivered in 2019.
Senior advocate Vikas Singh, appearing for Rai, said the petitioner was also denied promotion.
He said the judgement in the POCSO case involving the rape of a six-year-old girl, in which the trial was concluded in a single day and accused awarded life term, was not stayed in appeal.
The judge said a three-judge bench of the apex court is already dealing with the broader question of what mitigating circumstances are being taken into account before awarding death sentences.
"So, we have been actually trying to devise modalities and say very well that at least you go check the prison record, check the probation officer. Now, this kind of assessment requires some reasoned approach to the matter," the bench said.
"There are umpteen number of judgements of the Supreme Court that sentencing issue should not be resorted to on the same day," it said.
The apex court observed that matters involving death sentence are serious as they relate to a person's life and death.
It said there were many instances where the conviction order and the sentencing order were passed the same day, and in at least half a dozen verdicts, death sentence was commuted purely on that ground (of haste).
Singh referred to a judgement delivered by the apex court and said the court had held that a subordinate judicial official should not be subjected to disciplinary proceedings for an error of judgement.
"Correct, understandable. Error in judgement is a different issue. Here, error in judgement is not the point," the bench said.
The plea alleged that the "non-speaking" order of February 8, 2022 passed by the high court keeping the petitioner under suspension with immediate effect is "manifestly arbitrary and violates the principles of natural justice". A non-speaking order is an order where reasons for arriving at a conclusion or finding have not been mentioned.
"There is no reliance placed on any material while arriving at the said decision. The order merely states that disciplinary proceedings are pending against the petitioner and therefore, in exercise of the powers under Sub-rule (1) of Rule 6 of the Bihar Judicial Service (Classification, Control & Appeal) Rules, 2020 places the petitioner under suspension," it said.
The plea claimed the petitioner had only sought consideration for restoration of seniority on the basis of the new evaluation system introduced by the high court, which issued a show cause notice and later suspended him without giving any reasons merely for questioning the process of evaluation of judgements.
"The present writ petition under Article 32 of the Constitution of India is being filed by the petitioner seeking quashing of the non-speaking suspension order dated February 8, 2022 issued by the High Court of Patna and the purported disciplinary proceedings as mentioned therein, being malicious, illegal, arbitrary, violative of fundamental rights of the petitioner as enshrined under Article 14 and 21 as also against the principles of natural justice," it said.
The petitioner had joined the Bihar Judicial Services in 2007.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Congress plotting to send Ram Lala to tent again: PM Modi
Giridih (Jharkhand), May 14: Prime Minister Narendra Modi on Tuesday attacked the Congress, accusing it of indulging in "shameful" politics and plotting to send "Ram Lala to tent" again.
Alleging that the JMM, Congress and INDIA bloc have become the biggest model of corruption, appeasement and dynastic politics, Modi said he has resolved to free India from these vices.
Addressing a public meeting at Jharkhand's Giridih, the prime minister said, "Shameful statements are being issued by Congress leaders over Ram temple. Their leaders are plotting to send Ram Lala to the tent once again, and talk against the Supreme Court judgement."
The old idol of Ram Lala was kept in a tent-like structure after the Babri Masjid was demolished.
They want to lock the premises again, he claimed and urged people to oust such "corrupt" forces.
Modi said, "Congress forced the nation to Naxalism and destroyed several families, whereas BJP contained Naxal violence in the country."
Asserting that the tribal region of Jharkhand bore the brunt of Naxalism, Modi promised that during his third term as the prime minister, he would wipe out Naxalism and terrorism from the face of the country.
Modi alleged that the JMM-led ruling alliance in Jharkhand has been patronising infiltrators in the state.
He said his topmost priority would be giving priority to deprived people.
The prime minister also said that the abrogation of Article 370 in Jammu & Kashmir is one of the biggest steps in the interest of the nation and he is happy that the people there could celebrate the festival of democracy on Monday after decades.
The Srinagar constituency witnessed voting on Monday in the first Lok Sabha election in the Valley since the scrapping of Article 370.
He said INDIA bloc leaders are "dreaming of digging Modi's grave", but he is well protected with "suraksha kavach" of love and affection of people.
"I was not born in a royal family; I was poor. I have lived in poverty and have vowed to free my people from it,” Modi said, adding that this was the reason his government introduced Ayushman Bharat scheme for providing healthcare to the poor and set up AIIMS hospitals in various places including one in Jharkhand’s Deoghar.
He said his government has been providing food grains free to 80 crore people and promised to continue this for the next five years, if voted to power.
Referring to the UPA administration, Modi alleged that during the “Sonia Ben government”, food grains were subjected to rot but not distributed.
Citing instances of recovery of huge cash found at premises linked to Congress leaders in Jharkhand, the prime minister asserted that the JMM-led alliance in the state is neck-deep in corruption.
"JMM and Congress dance to the tune of 'Shahi Parivar'. I will not allow thieves to sleep peacefully,” he said, adding that no corrupt people would be spared.
Modi also said that Jharkhand was devoid of benefits of its minerals including mica in Koderma, but it was his government that ensured that tribal areas get the mineral funds for development.
"During the Congress-JMM regime people got nothing, no benefits of mica were accrued to people. But Modi has ensured Rs 12,000 crore to Jharkhand under District Mineral Fund," he said.
He charged the JMM-led alliance in Jharkhand with patronising infiltrators who were grabbing the land of tribal women by marrying them.
"INDIA bloc has openly announced Vote-Jihad against Modi," he said.
The prime minister said he has resolved to make three crore women "lakhpati didis".
The Lakhpati Didi scheme of the central government is aimed at training women in self-help groups so that they can earn a sustainable income of at least Rs 1 lakh per annum.
Referring to Jhumri Telaiya, a town in Koderma that shot to fame for the maximum number of requests for songs for then Radio Ceylon and Vividh Bharti, Modi said it is "more beautiful than its name" and apologized for the delay in arriving.
The prime minister's rally was initially scheduled at 9 am which was postponed to 1.30 pm and finally started around 5 pm.
He said, "I have brought blessings of Bholebaba from Kashi. I filed my nomination and after filing nomination, this is my first public meeting.'"
A strong government keeps the interest of its people while a weak government as those headed by the Congress weakens the nation, Modi claimed.
Modi was campaigning for Union minister Annapurna Devi who is contesting from Koderma Lok Sabha seat, BJP ally AJSU Party's candidate Chandra Prakash Chaudhary from Giridih Lok Sabha constituency and BJP nominee for Gandey assembly seat Dilip Kumar Verma.
Jailed former Chief Minister Hemant Soren's wife Kalpana Soren is contesting bypoll to Gandey assembly segment which comes under Koderman Lok Sabha constituency.
The elections to these seats will be held on May 20.
