SC notice to Patna HC for suspending judge for deciding POCSO case in 4 days

Rai has claimed in his plea that he 'reasonably believes' there is an "institutional bias" against him

The Supreme Court on Friday sought a response from the Registrar General of the Patna High Court on a plea by an district and sessions judge against his suspension on February 8 for deciding a child assault case and giving capital punishment to the convict within four working days and deciding another gang rape case and awarding life term to the convict within one working day.

A bench of Justices U U Lalit and S Ravindra Bhat, however, said the approach of the judge cannot be termed as "commendable".

The court issued notice to the state government and the HC's registrar general on claim by Shashi Kant Rai that the suspension order and the pending disciplinary proceedings against his recorded no reasons, making him suffer deep-felt mental pain as he stood condemned for an action that otherwise garnered the praise of the State and gained immense media attention.

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Senior advocate Vikas Singh, along with advocate Nitin Saluja, appearing for the judge, contended that the petitioner, who sought seniority on the basis of new evaluation system, received a call from the High Court and subsequently suspended without any reason.

The bench, however, said, "Merely because something is done in four days it does not mean that judgment has to be set aside. But we cannot say such an approach is commendable."

The court also pointed out there are umpteen judgements of the Supreme Court which said that sentencing issues should not be done on the same day.

"You have heard and sentenced the accused to life imprisonment in a single day. It does not happen like this. Pendency is one issue and approach to a matter is a different issue," the bench told Singh.

The counsel, for his part, maintained a judge cannot be proceeded for an erroneous judgement.

On this, the court pointed out the top court a few days ago declined to interfere with termination of services of a woman judge at probation level for passing an illegal sentence of five years jail in a murder case.