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Synopsis

The Supreme Court on Monday asked the counsel appearing for the Patna High Court to seek instructions in a plea challenging a "non-speaking suspension order" passed by the Patna High Court against a Special Judge, for allegedly deciding a POCSO case in a day. Court remarked that there is judicial immunity and a judicial officer cannot be treated like this.

A bench of Justice UU Lalit and Justice S Ravindra Bhat said, "In these kinds of cases, the High Court has to counsel first."

Advocate Gaurav Agarwal appearing for the high court submitted that he could produce documents produced before the Standing committee before the court. He further submitted that a wise decision after reconsidering the matter would be taken in two days.

He informed the bench that he'll seek instructions in this regard and inform the bench accordingly.

The bench was hearing a plea stating that the petitioner-judge had only sought consideration for restoration of seniority based on the new evaluation system introduced by the High Court, however, the High Court, 'merely for questioning the process of evaluation of judgments', straightaway issued show cause notice to the petitioner and later suspended him without giving any reasons.

Senior Advocate Vikas Singh appeared for the Special Judge (POCSO), Shashi Kant Rai.

The Top Court bench said, "The High Court always has the authority as a local parent. These are the matters that can be dealt with at the training level unless you are alleging corruption. His conduct was not of indiscipline."

Furthermore, the Court told the High Court counsel not to let the future and career of a judicial officer come under the cloud and put the judiciary in an embarrassing state. Ultimately, it is a matter of the judiciary, it will have ramifications, Court said. 

Justice Bhat said, "He may be overzealous in some matters and efficient in others. The judgments are also very well written."

Earlier, the top court had issued notice in the matter making it returnable within two weeks. The bench had also asked the respondents to submit the steps taken in furtherance of the suspension.

Moreover, on the request of Singh that the security of the Special Judge should be reinstated which has been recalled immediately after the suspension, the bench allowed the same.

Background: 

The plea submitted that the Special Judge reasonably believes that there is an institutional bias against him as the judgments in Special POCSO Case No. 01/2022 giving capital punishment to accused Md. Major in four working days of trial and in Special POCSO Case No. 36/2021 giving punishment of Life imprisonment in one working day of trial had caught immense media attention and was widely reported and appreciated by the Government as well as by the public.

It further read, "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."

Case Title: Shashi Kant Rai Vs. High Court of Judicature at Patna & Anr.