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Synopsis

After Supreme Court's interference, the Patna High Court has recalled its "non-speaking suspension order" passed against a Special Judge allegedly for deciding a POCSO case within a day.

The High Court of Judicature at Patna in its order notes, "The order of Suspension passed against Shashi Kant Rai, Special Judge (POCSO)-cum-A.D.J.-VI, Araria dated February 8, 2022, and the order of renewal of suspension issued dated August 5, 2022, are hereby recalled with immediate effect".

Special Judge Rai had moved the top court challenging a "non-speaking suspension order" passed by the Patna High Court against him. The top court had 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 had said, "In these kinds of cases, the High Court has to counsel first."

The top court bench had 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 had told the high court counsel not to let the future and career of the judicial officer come under the cloud and judiciary in an embarrassing state. "Ultimately, it is a matter of the judiciary, it will have ramifications", the court had said. 

Background: 

The suspended judge's plea submitted that he reasonably believed that there was 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 have 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.