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Why no final decision against judicial officer indicted of graft in 2018: HC to registrar
Suspended addl sessions judge Hemant Gopal was found guilty in a probe conducted on the orders of the high court
The Punjab and Haryana High Court on Friday issued a notice to its registrar-general to file a status report on why no decision has been taken against additional sessions judge Hemant Gopal, who is under suspension, on the basis of an inquiry report dated March 31, 2018.
Gopal is under suspension since 2013 after former MLA Mangat Rai Bansal produced a video CD as proof of a gratification racket involving the said judicial officer, who was then posted as a judge in the special CBI court, Mohali. Gopal was indicted in the preliminary inquiry and later in the final inquiry, but despite the report submitted three-and-half years ago, the high court has not taken any action.
Petitioner Bansal’s counsel further submitted that in pursuance of inquiry report, Punjab government’s law officer Sushil Kumar, who had acted as middleman and collected the bribe money, has since been dismissed from service, however, the high court has not taken a decision against Gopal.
Justice Arvind Singh Sangwan issued the notice to the registrar general of the high court and Central Bureau of Investigation (CBI).
“The registrar general of this court is directed to submit a status report as to why no final decision has been taken against the said officer on the basis of the inquiry report dated 31.03.2018,” reads the order of Justice Sangwan, who was apprised by advocate Vishal Nawarna, appearing for the petitioner.
The bribery case against the judge pertained to allegations by one of the accused in a paddy embezzlement case that law officer Singla ‘struck a deal’ on behalf of additional district sessions judge Gopal. Also an accused in the paddy embezzlement case, Bansal circulated a video CD showing Singla collecting ₹40 lakh as bribe from another accused, Parminder Singh, allegedly on the behalf of Gopal on April 17, 2013.
In the embezzlement case itself, Bansal and 23 other rice millers were accused of paddy embezzlement and causing a loss of ₹1.8 crore to the exchequer. The CBI registered a case in 1999 and the trial was completed in 2013. Pronouncing the judgment, CBI judge Hemant Gopal had convicted 22 people and acquitted Parminder Singh and one Bachni Devi.
“The above-said judgment had been passed by you by extraneous considerations. Thus, you committed gross misconduct, acted against the judicial canons, lowered the image of the judiciary in the eyes of public and acted in a manner unbecoming of a judicial officer,” the petitioner’s counsel quoting the content of the inquiry report, a copy of which is in possession of HT, conducted on the orders of the high court against Gopal. The operative part of the inquiry report reads: “Per discussion and findings recorded above, I hold that all the allegations as contained in the article of charge, are proved against the delinquent officer, Shri Hemant Gopal, Additional District & Sessions Judge (sic).”
The court has fixed August 24 as the next date of hearing.
