'Potential Threat To Judiciary': Former SCBA President Writes To CJI Seeking Suo Moto Action On Letter Of 3 Judicial Officers

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Synopsis

According to the judicial officers' letter, the incident occurred in retaliation for their adverse judgments under the POCSO Act and was an attempt to pressure them into passing favourable judgments in future cases.

The former President of the Supreme Court Bar Association (SCBA) and Senior Advocate Dr Adish C Aggarwala on Thursday, September 12, urged the Chief Justice of India (CJI) to take suo motu cognisance on a letter written by three judicial officers from West Bengal. 

The officers, who serve in Diamond Harbour, South 24 Parganas, reported an incident that raised serious concerns over judicial security and independence.

According to the letter, the incident occurred in the early hours of September 9, wherein a police officer from the Diamond Harbour district instructed the guards at the judicial quarters to allow two individuals to enter the premises to disconnect the power supply at an unusual and inappropriate hour.

In the complaint lodged by the judicial officers to the District Judge, they suggested the incident might have been a form of retaliation for their adverse rulings in cases under the Protection of Children from Sexual Offences (POCSO) Act. 

While expressing their fear, the officers said the event was an attempt to intimidate them into delivering favourable judgments in future cases. 

Senior Advocate Dr Adish C Aggarwala raised serious concerns regarding the security and independence of the judiciary.

 “Such actions could be interpreted as an attempt to intimidate or interfere with the judicial process, Senior Advocate said.

Senior Advocate Dr Adish Aggarwala, subsequently urged the CJI to take Suo motu cognizance of the incident, highlighting the potential threat to judicial independence and the integrity of the judicial system. He noted the seriousness of the concerns raised by the judicial officer and stated a suo motu action in this context without waiting for a formal petition is the appropriate response.

Notably, on 11th September, Dr Sukanta Majumdar, Union Minister of State for Education and Development of the North-Eastern Region, also wrote to the Union Minister for Law and Justice, Arjun Ram Meghwal expressing deep concern over said incident. He described it as a breakdown of law and order in West Bengal and called on the government to ensure the protection of judicial independence and take strict action against those involved, including police officers who might have been complicit.

Senior Advocate Dr Adish Aggarwala's appeal to the CJI underscores the alarming threat to judicial independence and constitutional rights. He submitted that this incident must not be treated as an isolated event but as a direct challenge to the authority of the judiciary. 

Dr Aggarwala further emphasized the failure to act swiftly could create a dangerous precedent, where judicial officers in West Bengal may feel unable to function without fear. He strongly urged the Apex court to insulate judicial officers from external threats, ensuring they can discharge their duties independently and without any fear of intimidation. 

The copies of Dr Aggarwala's appeal have been forwarded to the Prime Minister, Home Minister, Law Minister, and the Chief Justice of the Calcutta High Court, requesting immediate and necessary action to address the incident and safeguard judicial officers.