"Creating fear in the mind of a judge affects justice dispensation": Delhi Court finds ex-Court staff guilty of extorting money from judge

A Delhi Court in a recent decision has held that creating fear in the mind of a judge affects their ability to function properly and affects the justice dispensation system.

The Court was hearing a matter wherein an ex-staffer was accused of trying to extort a Judge. He had threatened life and safety of the Judge and her children.

The prosecution had submitted that accused is an ex-staffer wanted to extort money from the Judge. Further that he committed the crime by putting the Judge in fear for considerable time. The prosecution argued that “a government employee is doubly responsible for his diligence and faithfulness to his duty.”

Per contra, the accused contended that he committed the crime when he was 27 and now he is 41, hence he has already suffered humiliation and indignity in society. He further contended that he is a first time offender and has not committed any crime since.

However, the Court rejected the accused's contentions and observed that he acted like “an obdurate criminal by continuously threatening the Judge by texting her for extortion. Further, the accused misused the trust the Judge put in him as a senior in the workplace.

Sentencing the accused to a jail term of five years, the Court observed:

"The crime of the convict is an egregious act which has affected the stream of justice and also created trust deficit among Judges and support staff. The crime committed by convict is required to be dealt in a manner which could prevent recurrence of such incidents in future."

The Court further observed that the threat extended by him were capable of putting the Judge in fear and agony affecting her life and work.

“Creating fear in the mind of a Judge affects his/her ability to function properly which directly affects the justice dispensation system and same is an unpardonable act”

Thus the Court held that the accused should be awarded commensurate punishment. He was awarded a five-year jail term, and directed to pay ₹1 lakh fine as compensation to the victim judge.

State v. Shiv Shankar Prasad