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Prayagraj, 22 May (HS). The Allahabad High Court has said that no judge of a subordinate court should register an FIR in cases other than very serious crimes in his personal capacity without the consent and confidence of the District Judge. The court has ordered the Director General to circulate such order in all the courts.
Referring to the personality, dignity of the post and high ideals of the judges, the court has made sharp remarks about the conduct of CJM Banda Bhagwan Das Gupta. Said that he lodged the FIR to teach the authorities a lesson after losing the legal battle to pay the outstanding electricity bill. The police officer of Kotwali, Banda untied the CJM. When the SIT investigation did not consider the allegations as a crime, the High Court canceled the FIR registered against the officials of the Electricity Department and said that the CJM is not fit to remain a judge.
This order has been given by the division bench of Justice Rahul Chaturvedi and Justice MAH Idrisi while accepting the petition of Electricity Department Aliganj, Lucknow Executive Engineer Manoj Kumar Gupta, SDO Faizullaganj, Deependra Singh and contract worker Rakesh Pratap Singh.
The court said that a judge cannot be compared with other administrative police officers. However, the judge is also a public servant like other officials. But he is a judge and not a judicial officer. Who have the right to exercise sovereign power from the Indian Constitution. The court said that the behavior, conduct, patience and nature of a judge should be in accordance with the constitutional status. These cannot be compared to the officials who implement the policies of governance in the society.
Referring to the book of former Chief Justice RC Lahoti, the court said that judges cannot see what they hear and cannot hear what they see. The judge has his own guidelines. Citing Churchill, the court said that judges should have the habit of bearing sorrow and should always be alert. His personality should be reflected in his decisions.
It is known that the CJM of Banda bought a house in Aliganj, Lucknow. On which electricity bill worth lakhs of rupees was outstanding. When the department gave recovery notice, a complaint case was filed in the court against the electricity department officials including the seller of the house. On which Additional Civil Judge Lucknow issued summons. But later the summons of the electricity department officials was withdrawn. When the magistrate lost this legal battle till the High Court, he lodged an FIR against the officers at Banda Kotwali by threatening Inspector Dan Bahadur. Which was challenged.
The court said that the judge misused his position for personal gain. The court expressed surprise that in 14 years the magistrate collected only Rs 5,000 in electricity bill. When asked, he said he was using solar power. Electricity department officials were also accused of demanding bribe. The outstanding electricity dues of Rs 2 lakh 19 thousand 063 were not paid. When the court conducted an SIT investigation, no crime was found to be revealed in the FIR. Said that no case is made out against the petitioners.
