'CBI Has Done Nothing, We Expected Some Change In Its Attitude' : Supreme Court Pulls Up CBI For Not Responding To Judges' Complaints Of Harassment

The Supreme Court on Friday expressed displeasure at the Central Bureau of Investigation and the Intelligence Bureau for not adequately responding to complaints regarding harassment and threatening of judges.

A bench comprising Chief Justice of India NV Ramana and Justice Surya Kant made scathing remarks against the CBI, saying "it has done nothing" and that expected change in its attitude has not happened.

The remarks came while the bench was considering the suo motu case taken by it on the issue of protection of judges and courts in the wake of the killing of Additional District Judge Uttam Anand of Jharkhand last week.

CJI Ramana told Attorney General for India KK Venugopal, whose assistance was sought by the Court when the suo motu case was taken, that judges are not just being attacked physically but also mentally by sending intimidating messages in Whatsapp, circulating posts in social media etc. The CJI said that in some places, CBI investigation was ordered into such instances. The CJI was seemingly referring to the order passed by the Andhra Pradesh High Court last year, directing CBI investigation into threatening social media posts made against High Court judges.

"In one or two places, courts ordered CBI inquiry. It is sad to say that CBI has done nothing. We expected some change in CBI attitude. But there has been no change. We are sorry to observe that", CJI told the Attorney General.

The CJI also said that there was a "new trend" of maligning judges if an adverse order was passed.

"It is a new trend in this country. If an adverse order is passed, then judiciary is maligned. Even though judges complaint, there is no response.  CBI, IB etc aren't helping judiciary at all", the CJI added. The CJI told the AG that he was making these comments with "full sense of responsibility".

The bench sought the presence of the CBI on Monday, August 10, to apprise the court of the progress in the investigation in the Jharkhand judge's death.

The bench also sought the early response of the Union of India to a writ petition filed in 2019, which was also listed today along with the suo motu case, seeking a special protection force for judges and courts. The CJI said that though the writ petition was filed in 2019, the Centre is yet to file its counter-affidavit.

"Look at the unfortunate case of death of a young judge. It is State's failure. Security should have been provided to residences of judges", the CJI commented about the death of Judge Uttam Anand.

The Advocate General of Jharkhand, Rajiv Ranjan, informed the bench that the state government had immediately constituted a Special Investigation Team to investigate the matter, and on the same day of the crime, the SIT had apprehended two persons who were in the auto-rickshaw which knocked down Judge Uttam Anand while he was on his morning jog.

The Advocate General also said that the CBI has taken over the investigation pursuant to a recommendation made by the State Government.

"So you have washed off your hands?", the CJI asked the Advocate General at that juncture.

The Advocate General replied that the case is likely to have cross-border implications and larger conspiracy and hence the CBI was entrusted with the matter. Replying to a query from the bench, the AG also said that the State Government has issued orders to give protection to the residences of judges, as was undertaken before the Jharkhand High Court last week.

The matter will be next considered on Monday, August 9.

(Cases : In Re Safeguarding Courts and Protecting Judges(Death of Additional Sessions Judge, Dhanbad)- SMW(Crl) 2/2021 and Karunakar Mahalik vs Union of India - WP(c) 1422/2019)