Thread by @barandbench

#SupremeCourt to hear plea by POCSO judge from Bihar, challenging suspension order by Patna High Court for allegedly convicting and sentencing an accused within a day.

#pocsojudge #pocso

Bench of Justices Uday Umesh Lalit and S Ravindra Bhat to hear matter.

Read more about the plea, here:

#SupremeCourt
#pocsojudge #pocso
barandbench.com/news/posco-jud…

Matter passed over as counsel for Patna High Court not present yet. Senior Advocate Vikas Singh appearing for the petitioner.

#SupremeCourt #pocsojudge #pocso

Singh: They've now filed a chargesheet. I'll have to place that on record.

Bench: Chargesheet in?
Singh: The inter-departmental enquiry.

Justice Bhat: Even before appraisal, the judge is usually counselled. Did any judge speak to him?
Adv says he'll have to get instructions

Justice Bhat: There shouldn't be over zealousness to punish.

Bench goes through the suspension order.

Singh: In the chargesheet also they've said he was made to stand down.
Adv: Since disciplinary proceedings are contemplated ...
Justice Bhat: What was contemplated is it diff in form and substance of the chargesheet?

Adv: I'll produce it, ultimately the disciplinary proceedings are pending.

Justice Lalit: We're just oscillating at this point.
Adv: grievance that chargsheet not filed in 90 days so suspension can't be extended genuine.

Bench: what is the charge?

Adv: Charge and statement of fact is clear.

Justice Lalit: what you can do is ... These are matters that can be sorted at training level, not matter where conduct is in question.

Justice Bhat: You know the law. What is the law? You're the HC.

SC: Our sincere advise is drop everything. If you don't want to we'll go threadbare into it. Unless you're alleging corruption, there has to be something glaring. He's only following up on his orders, extremely unfair on him.

Adv: Will convey to the HC in exact same manner.

SC: Unless there are malafides then officer cannnot be ...

Adv: Let him give and let the HC consider his Written statement.

SC: Mr Singh give the statement in 2 days, we'll keep it on 16th m, by that time they'll have decided. Anything you say against the judicial officer is a reflection on the HC too.

Justice Bhat: It sends a bad message to others, who're otherwise efficient.

Justice Lalit: judgments are well written.

Justice Bhat: HC should decide it. Why should we jump the gun.

Order: A memorandum containing articles of charge and enclosures was served upon the Petitioner. The memo, inter alia, calls upon the petitioner to submit his statement of defence within 10 days.

Sr Adv Vikas Singh submits that Petitioner is willing to submit such statement.

Order: Let the needful be done on or before 15th August. Mr Gaurav Agarwal, HC advocate, submits that an apt decision after considering the entirety of the matter shall be taken thereafter. List on 18th.

Appl for permission to place further annexures allowed.