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Protocol facilities for judges must not be misused: CJI writes to CJs
The CJI has criticised a judge for using protocol facilities to demand an explanation from railway officials over a train journey inconvenience
Protocol facilities to judges must not be used “as a manifestation of power or authority”, Chief Justice of India Dhananjaya Y Chandrachud wrote to chief justices of all high courts, taking a grim view of an Allahabad high court judge demanding an explanation from railway officials over the inconvenience that he faced on a recent train journey that he undertook with his wife.
“Self-reflection and counselling within the judiciary is necessary,” read the CJI’s letter, dated July 19, while highlighting that a high court judge does not possess disciplinary jurisdiction over railway personnel and hence, there was no occasion for an officer of the high court to call for an explanation.
It added that the July 14 communication, sent by the high court’s registrar (protocol) to the general manager, North Central Railway, has given rise to “justifiable disquiet” both within and outside the judiciary.
“Protocol facilities, which are made available to judges, should not be utilised to assert a claim to privilege which sets them apart from society, or as a manifestation of power or authority. A wise exercise of judicial authority, both on and off the Bench, is what sustains the credibility and legitimacy of the judiciary and the confidence which society has in its judges,” emphasised the Chief Justice of India.
Protocol facilities to the judges of high courts and the Supreme Court entail certain resources at their disposal for a convenient accommodation and safe travel,
As reported by HT on July 19, the high court’s registrar (protocol) had demanded an explanation from the railway officials, citing the discomfort faced by Allahabad high court judge Gautam Chowdhary during a recent journey on July 8 in the Purushotam Express as he travelled in the First-Class AC Coach from New Delhi to Prayagraj.
The registrar’s communication pointed out that the train was apparently late by over three hours, and no government railway police (GRP) personnel were present in the coach to meet the requirements of justice Chowdhary in spite of intimating the authorities concerned.
Also, no pantry car workers attended to the judge for providing refreshments and a call to the pantry car manager went unanswered, the registrar complained.
“The aforesaid incident caused great inconvenience and displeasure to His Lordship. In this regard, the Hon’ble judge has desired that an explanation may be called from the erring officials of the railways, the government railway police (GRP) personnel and the pantry car manager, pertaining to the inconvenience caused to his Lordship due to their conduct and dereliction of duty,” read the registrar’s missive to the Railway establishment.
