CBI Probe against Judicial Officer and Advocate Bathinda: Legal System Can’t Afford Self-Inflicted Scars: P&H HC
In a significant Order , Punjab and Haryana High Court has ordered the Central Bureau of Investigation (CBI) to take over the investigation in a high-stakes case involving land mafia and abuse of legal process involving Judicial Officer and Advocate. The case originally stemmed from a land dispute but took an “alarming turn” as the legal process was exploited.
The case initially seemed to be one of a “common species” involving a land dispute but soon took an “alarming turn.” Accusations were raised that the process of law was being abused to favor illegal designs. The inconsistency in the stance of the original investigating agency added further complexity, calling the credibility of the system into question.
The matter involves a judicial officer who, despite his obligation to remain impartial, allegedly favored the prosecution. Further, an advocate is accused of submitting forged evidence, thereby abusing the legal process. The case initially started as a dispute over a property but later revealed serious procedural irregularities.
The Court had strong words about the role played by the judicial officer and the advocate in abusing the legal process. “Misconduct of such caliber undermines the very edifice upon which the judicial system stands,” noted the judgment.
High Court emphasized the need for an “unimpaired and unobstructed investigation,” stating, “The trust of the litigants in the system doesn’t get eroded.”
Relying on earlier verdicts, the High Court highlighted its obligation to protect the fundamental rights of citizens. “This extraordinary power must be exercised sparingly, cautiously and in exceptional situations,” it cited from its judgment.
The CBI has been directed to “conclude the investigation expeditiously, preferably within six months,” and the Trial Court has been instructed not to proceed further with the case until the investigation is complete.
The Court also dismissed applications for impleadment and transfer of investigation filed by the accused, reiterating that the accused have “no locus” in the transfer of investigation.
The judgment has set a strong precedent by emphasizing the significance of an unbiased investigation to uphold the integrity of the judicial system. The order is reportable and reasoned, likely to impact future cases involving abuse of legal procedures.
Date of Decision: 18 October 2023
Guru Nanak Vidya Bhandar Trust VS State of Punjab and others
