Judge Alleges Suspension By High Court For Deciding POCSO Cases Within Days; Approaches Supreme Court

Senior Advocate Vikas Singh on Wednesday had mentioned the plea bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli.

Urging the bench to not delete the plea which has been listed for hearing on Friday before the bench of Justices UU Lalit and SR Bhat, Singh had said, "ADJ has been suspended since he had done trial in a day in POSCO case where the accused had raped 6 year girl. 5 months have passed. Request not to delete it."

Acceding to counsel's request, the CJI said, "Arlight not to be deleted."

Terming the non speaking suspension order dated February 8, 2022 as illegal, malicious and arbitrary, the petitioner has argued that he had sought for consideration for restoration of seniority on the basis of new evaluation system introduced by the High Court, but the High Court straightaway issued notice and later suspended him for questioning the process of evaluation of judgments. He has also stated that the High Court failed in its constitutional obligation to guide and protect the judicial officers and suspended him without giving any reasons.

Relying on Rule 6 (7) of the Bihar Rules, the petitioner has stated that the suspension order stands revoked as no charge-sheet has been framed and communicated to the Petitioner till date and no such revocation has been communicated to the Petitioner till date.

The suspended judge who had assumed charge as Special Judge, POCSO on August 20, 2020 has also stated that he reasonably believes that there is an institutional bias. To further substantiate his contention, he has stated that this is because in one of his judgments he had granted capital punishment to the accused in four working days of trial and in another case awarded punishment of Life imprisonment in one working day of trial which was not only widely reported by media but was appreciated by the Government as well as by the public.

"The suspension order and the pending disciplinary proceedings against the Petitioner for no recorded reasons has led the Petitioner to suffer deep-felt mental pain as he stands condemned for an action that otherwise garnered the praise of the State," the plea states.

The plea that has been filed through AOR Nitin Saluja.

Case Title: Shashi Kant v HC of Judicature at Patna| WP(C) 557/2022