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HC asks judge to go back to school

The Delhi High Court directs a sessions judge to undergo law training for three months at the Delhi Judicial Academy, reports Harish V Nair.

india Updated: Oct 06, 2007 03:02 IST
Harish V. Nair

The Delhi High Court on Friday asked a lower court judge to go back to the training school, saying he lacked “basic knowledge of criminal law”.

At the receiving end of the diktat issued by Justice V.B. Gupta was Additional Sessions Judge (ASJ) Rakesh Tewari of the Karkardooma courts.

Justice Gupta was furious as the ASJ declined bail to a man accused of electricity theft and sent him to custody “deliberately disregarding” a High Court order to grant him bail.

Tewari was also found to have issued non-bailable warrant against accused Raju, initiated steps to declare him a proclaimed offender and to attach his properties “without following the due process of law”.

Noting that orders passed by the ASJ goes on to show that “he lacks even elementary knowledge about the code of criminal procedure code”, Justice Gupta said “it would be appropriate if he undergoes refresher course at the Delhi Judicial Academy in criminal law and procedure for three months at the earliest under the supervision of its Director”.

The Director has then been asked to submit Tewari’s performance report at the Academy to the High Court. Justice Gupta also asked the Registrar General of the High Court to send the copy of his order to all the judicial officers of Delhi “for guidance”.

In a similar order few days back, Justice Gupta had reprimanded a special judge for accepting a closure report by the CBI without issuing notice to the person who had originally lodged the criminal complaint.

Justice Gupta took Special (CBI) Judge S.K. Kaushik to task for his “ignorance” about the “basic decisions of the Supreme Court” on the procedure before accepting closure reports. “It is expected that the Special Judge would update his knowledge with regard to the decisions of the Supreme Court on this point,” the High Court Judge observed.