Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

Court In Murder Case for Review His On Judgment Affirms Dismissal Of Sessions Judge: SC

07 May 2024 8:19 AM

By: Admin


Monday, the Supreme Court dismissed a writ petition filed by a Madhya Pradesh Additional Sessions Judge challenging her dismissal for issuing an incorrect judicial order while on probation.

The Court ruled that there was "nothing wrong" with the State of Madhya Pradesh's decision to terminate the judge's services on the recommendation of the Madhya Pradesh High Court's Full Court.

Therefore, a bench consisting of Justices UU Lalit, Ravidra Bhat, and Sudhanshu Dhulia dismissed the writ petition filed by the former judge, who appeared in person.

She was terminated while on probation due to the fact that in a murder case she tried, she initially imposed a five-year sentence for the offence under Section 302 of the Indian Penal Code. Later, she changed the conviction to one under part 1 of Section 304 of the Indian Penal Code, which deals with "culpable homicide short of murder." The Full Court recommended her dismissal based on this irregularity, which the State Government accepted.

While dismissing the petition, the bench of Justices UU Lalit, Ravindra Bhat, and Sudhanshu Dhulia stated, "We wish you the best of luck in your future endeavours."

When the case was called for hearing, Justice UU Lalit stated that the Additional Sessions Judge's modification of the sentence was "quite shocking."

Since your probationary period had expired, the Administrative Committee had decided to dismiss you, Justice Lalit stated.

In response to the judge's remarks, the petitioner asserted that she was not given notice and argued that a single error could not justify termination.

"This was my first posting and initial evaluation. I'm still learning. Only one error led to my dismissal. I'm not even being given a chance to prove myself. I have been denied any opportunity to improve "The petitioner argued further.

"That depends on the nature and severity of errors. One can determine whether the errors are typographical or unintentional. But this type of utter incongruity....you are a sessions judge with the authority to impose the death penalty ", Justice Lalit said.

The petitioner argued that there are Supreme Court decisions stating that a judge cannot be disciplined for issuing an incorrect judicial order.

"If we strictly adhere to the letter of the law, if probation is not completed and the order is not stigmatising, we have no recourse," said Justice Lalit.

"We cannot intervene if the administrative committee of the High Court determines that probation has not been successfully completed. A erroneous order shall not serve as the pivot for departmental proceedings. You are literally there. But this reasoning...consider the position you currently hold "Justice Lalit continued:

According to the Code of Criminal Procedure, the judge has no authority to review a judgement, the bench stated. The petitioner then stated that she issued the modification order in response to a request from the Prosecutor. However, the court reiterated that such an action was not permitted by law.

"You are completely confused, Madam. Actually, she was set on fire. Where then is the question from 304 part 1? You are attempting to alter the verdict "Justice Lalit remarked following the reading of the decision.

 the court dismissed the petition.

Leena Dixit Versus Registrar General, MP High Court

Latest Legal News