In an unprecedented move, the Patna High Court issued an order withdrawing all cases from a sitting senior judge who turned whistleblower by ordering a CBI enquiry into corruption in lower judiciary while hearing a graft case against a former IAS officer.
An 11-judge Bench of the High Court, headed by Chief Justice AP Shahi, also suspended Justice Rakesh Kumar’s order on the case on Thursday, saying the single judge Bench had no jurisdiction to pass such an order on a case that had been closed.
According to an order issued by the Patna High Court Chief Justice, “all matters pending before Justice Rakesh Kumar, sitting singly, including tied-up/part heard or otherwise, stand withdrawn with immediate effect”.
“The registrar (list) will inform as to how and in what manner Cr. Misc. No. 4117 of 2018 that had been disposed of finally earlier was listed on Thursday at Sl. No. 1 under the heading ‘To be mentioned - Tied up’ before Justice Rakesh Kumar,” the order said.
“The court concerned will submit his explanation to me as to under whose direction was the case listed in the cause list and as to whether any information was given to the registrar (list) or not,” it also said.
Justice Kumar was appointed in the HC in 2009 and is slated to retire in December 2020. He was a standing counsel for the CBI and has also acted as special public prosecutors in the fodder scam cases.
Justice Kumar, while hearing the bail application of former IAS officer KP Ramiah, had questioned how he was granted bail by a lower court when the HC as well as the SC had rejected his request for protection from arrest because of the gravity of the allegations.
In its 20 page order, Justice Kumar observed : “of course, grant of bail or refusal of bail is complete discretion of the court, but if the manner, in which, an accused is granted bail, which raises finger against the judiciary, certainly exercising supervisory power, this Court is entitled to examine as to whether the power for grant of bail”.
The judge also alleged that the full bench of the Patna High Court had taken a lenient view every time the case of any judge from the lower judiciary came up. “In normal course, I would not have passed such order, but since last few years, this Court is taking notice of the fact that in Patna Judgeship, things are not going in its right perspective,” Justice Kumar said.
“After my elevation as judge, I started to notice that senior judges were buttering Chief Justice. Initially, I thought why such action was shown by the senior judges, but after some time, I could gather that such actions were being taken to get their favourite or caste man elevated as a judge or do some favour to corrupt judicial officers,” recorded the judge on Wednesday.
Justice Kumar presented an illustration of four judicial officers who had allegations petitions ranging from 11 to 21 but, the judge said, they were all let off with mild punishments and remained in judiciary although they should have been dismissed in the best interest of the system. “Despite my opposition, a judge facing serious charges was let off with minor punishment instead of exemplary punishment,” Justice Kumar said in his order. An inference can be drawn that those officers were having protection from the High Court. If after noticing all those facts, I only become a spectator, certainly, I can never forgive me,” Justice Kumar said in his order.
Citing the allegations of corruption in judiciary, Justice Kumar said that it is also open fact that wards of judges are practising in Patna High Court. Ward of one of the judges judges, even during short period of his profession, has taken classes in Bihar Judicial Academy and got honorarium.
“It is known to everyone that one senior judge from the Allahabad High Court during Fodder Scam period had got his wife nominated as Rajya Sabha Member. This was not the end. Again, there was a judge from Allahabad High Court, who granted bail to an accused whose record of bail petition was lying in the Chamber of Hon’ble Justice Akhilesh Chandra (as he then was), who was hearing his bail petition. So, corruption in this High Court is open secret,” the judge maintained.
Justice Kumar also criticised HC judges for wasting public money by choosing to stay in guest houses for months on the pretext of renovating the government bungalows already allotted to them.
“There were instances of crores of the public fund being spent on bungalows of judges as well as nepotism,” he said directing that the copies of his order be sent to Chief Justice of India, Prime Minister and the Union law minister.
Ramiah is accused of embezzling over Rs. 5 crore from the Bihar Mahadalit Vikas Mission, a state government scheme for deprived and marginalised Dalits. After his pre-arrest bail request was rejected by the High Court and Supreme Court, he had surrendered before the lower court, which granted him bail in May.
