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Synopsis

The Supreme Court on Friday issued notice in a plea challenging a "non-speaking suspension order" passed by the Patna High Court against a Special Judge, Protection of Child Sexual Offences (POCSO) Act, for allegedly deciding a POCSO case in a day.

However, the bench stated that while dealing with such matters, emotions have to be kept aside.

A bench of Justice UU Lalit and Justice S Ravindra Bhat said that if there is a pendency of matters, that doesn't mean, such type of process is commendable. If it is so then the top court should also decide every matter within a day.

The bench was hearing a plea stating that the petitioner-judge had only sought consideration for restoration of seniority on the basis of 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 appearing for the Special Judge submitted that "no notice has been sent to me. I received a call that please send these judgments, I send these judgments and then I'm suspended."

However, the bench said, "If matters are decided in such a way, we want to understand what is the approach that is taken by the Judge. What are the reasons for awarding capital punishment within 4 days?"

"Mr. Singh you are a part of the system. There is a system of rewards for the prosecutors. There is a system," the bench added. 

Singh further argued that "many people say Kasab should have also been punished within a day, however,  there were several aspects to it that were to be seen, here all the aspects were already before him."

To which, Justice Lalit said, "Then what about Alauddin and there are many other cases where we would have given the punishment within a day. It is not how it is done. You are a leader of the Bar, you should not raise your pitch at such a level."

About the argument made by Singh that the victim was a Dalit girl and the Judge have a 7-year-old daughter, the bench said, "There is no need to say that the girl was a Dalit girl. Emotions are to be kept out, if you want to argue the matter, argue on merits. You did say that he has a 7 years old daughter and it happened to a Dalit girl. We have to see what is the remedy there."

However, the bench issued notice in the matter making it returnable within two weeks. The bench has 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: 

Earlier, a bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli had directed the matter to be listed on the scheduled date (July 29, 2022) after the same was mentioned by Senior Advocate Vikas Singh.

The plea has been filed by the Special Judge, POCSO through Advocate Nitin Saluja.

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.