Delhi High Court Pulls Up Special NDPS Judge For Repeatedly Summoning Senior Cops, Sends Matter To Inspection Committee

The Delhi High Court has pulled up a Special NDPS judge in the national capital for repeatedly summoning senior police officials and even issuing bailable warrants against a Deputy Commissioner of Police, observing that there was a “complete breach of judicial discipline.”

Justice Amit Bansal said that the judge has been repeatedly passing orders that are in “teeth of a detailed judgment” delivered by a Coordinate Bench where adverse remarks made by the same judge against high-ranking police officials were expunged.

“Hence, it is deemed appropriate that a copy of this judgment be sent to the Inspection Committee of this Court in respect of the said Judge,” the court ordered.

It observed that calling of such senior Police Officials in Court would mean that they are not able to tend to their regular work and they would have to leave their work assignments for attending hearings.

“Therefore, I fully concur with the findings of the Coordinate Bench in Ajit Kumar (supra) and Sanjay Kumar Sain (supra), where such practice of summoning senior officials to Court has been deprecated,” the court said.

The court was dealing with a plea moved by the State through Deputy Commissioner of Police seeking quashing the orders passed by the special judge wherein adverse remarks were made against the cop as well as bailable warrants were issued.

Justice Bansal said that it is unfathomable that despite a detailed judgment having been passed, similar orders were continued to being passed by the same Judge.

“In my considered view, this appears to be a complete breach of judicial discipline that a Sessions Judge continues to pass orders in the teeth of a detailed judgment passed by this Court, expunging/deleting adverse remarks made by him against senior police officials,” the court said.

It added that issuance of bailable warrants in a routine manner results in lowering the image and reputation of high ranking Police Officials and would also have a bearing on their service records.

The court set aside the impugned orders and disposed of the plea.

Title: STATE (NCT OF DELHI) THROUGH DEPUTY COMMISSIONER OF POLICE, CRIME-III, DELHI v. SHADAB

Citation: 2023 LiveLaw (Del) 1330

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