The Bombay High Court has held that a candidate who has been selected for the post of a Magistrate or a Judge cannot be denied the appointment just because he is facing prosecution.
“It cannot be laid down as a rule that merely because he is facing prosecution he must be denied an appointment because indeed the candidate may be facing prosecution for a frivolous reason or for trifles”, observed Justice S.A. Bobde and Justice P.D. Kode.
Hearing a petition filed by a lawyer, the bench held that it would be open for the government to make an appointment of such a candidate.
The government had refused to appoint the petitioner as Judicial Magistrate First Class (JMFC) on the ground that he was facing prosecution in a dowry harassment case.
“The question that arises is whether the reason that a candidate for selection to JMFC’s post is facing prosecution... is a strong and cogent reason for not accepting the recommendation of the selection committee.
“We find that the term ‘strong and cogent’ reason cannot be defined by its very nature and indeed has not been defined.”
{{/usCountry}}“We find that the term ‘strong and cogent’ reason cannot be defined by its very nature and indeed has not been defined.”
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