Don’t forget judicial discipline even if the petitioner is a high-profile person, the Bombay High Court has advised the lower courts.
Disapproving the conduct of the lower courts for passing orders without following procedure, the court had set aside the anticipatory bail granted to the MNS chief on Tuesday.
“Whatever be the profile of the litigant before the court or how much so ever be the pressure of the situation, the court should not have slackened its judicial discipline,” the HC had observed, while setting aside the anticipatory bail granted to Raj Thackeray by the Kalyan sessions court in October 2008.
The Government Railway Police (GRP), Kalyan, had lodged an offence against Thackeray after his cadre allegedly attacked north Indian candidates appearing for railway exams at Bandra, Dombivli and Kalyan on October 19, 2008, following a provocative speech by their party chief. The court added that Thackeray did not “play fair” while acquiring anticipatory bail.
Agreeing with the arguments of the government, the HC said the metropolitan magistrate had handed over Thackeray’s custody to the GRP, Kalyan. The magistrate had initially granted the application for transfer warrant but reversed it by the second order.
“In the circumstances, it must be held that the second order is illegal and liable to be set aside,” observed the HC.
“While granting anticipatory bail, the sessions judge also ordered a stay on the transfer warrant. Such an order goes beyond his powers. Besides, the two orders are contradictory to each other.”