SC raps judge for defying its order
The Supreme Court on Tuesday ticked off the subordinate judiciary for passing orders for “extraneous consideration” and ordered disciplinary inquiry against a sitting district judge in the Capital.delhi Updated: May 11, 2011 00:35 IST
The Supreme Court on Tuesday ticked off the subordinate judiciary for passing orders for “extraneous consideration” and ordered disciplinary inquiry against a sitting district judge in the Capital.
A bench of justice Markandeya Katju and justice Gyan Sudha Misra directed the Delhi high court Chief Justice to initiate action against Additional District Judge Archana Sinha for defying an SC order by staying eviction proceeding against a tenant.
The court refused to accept the apology tendered by Sinha, who repeatedly sought “mercy” from the bench.
The court expressed concern over growing corruption in the subordinate judiciary involving judges, advocates and litigants. It pointed out that the growing nexus between the three sections was creating an adverse public perception against the entire judiciary.
The court, however, said: “Archana Sinha had no business to overwrite our order. She had no business to defy our order and she has become a super Supreme Court.”
“We do not wish to comment on the various allegations which are often made to us about what certain members of the subordinate judiciary are doing, but we do want to say that these kinds of malpractices have to be totally weeded out,” the bench added.
The bench’s order came on a contempt petition filed by the landlord of a premises in Connaught Place who had challenged Sinha’s order restraining the eviction of a co-tenant. The landlord claimed Sinha could not have on April 23 stayed the eviction proceedings against the tenant, as the SC had on October 6, 2010, dismissed the tenant’s appeal and ordered eviction.
The tenant had also given an undertaking to vacate the premises within six months.
However, objections were filed by the co-tenant before Sinha, who stayed the eviction proceedings.