It is a matter of utmost concern that none other than Jharkhand High Court at Ranchi which is one of the most reputed High Court in India with impeccable credentials has in a most learned, laudable, landmark, logical and latest judgment titled Court on Its own Motion vs The State of Jharkhand in W.P. (PIL) No. 4760 of 2024 that was pronounced as recently as on 27.08.2024 has minced just no words to state in no uncertain terms that it is the highest duty of every governmental agency to guard and protect the judicial institutions. It must be disclosed here that the Single Judge Bench comprising of Hon’ble Mr Justice Sanjay Kumar Dwivedi took up the matter of writ petition suo motu in the form of Public Interest Litigation for ensuring the adequate safety of Judges after he faced an unpalatable and a very traumatic experience while he was commuting to and from the court due to a demonstration that was organized by a political party along the way. It must be noted that the Jharkhand High Court was dealing with an incident that arose on August 23, 2024 when Hon’ble Mr Justice Sanjay Kumar Dwivedi faced a lot of difficulties in returning home from the High Court due to a political demonstration that was taking place just near the residence of the Jharkhand Chief Minister – Mr Hemant Soren and was stuck for half an hour amid a traffic jam and despite making multiple calls, the police assistance was much delayed.
We need to note that it was only after the direct intervention by the Registrar General and the Director General of Police (DGP) that the Judge was eventually escorted home. It must be mentioned here that the Ranchi High Court initially summoned the DGP, Deputy Commissioner, SSP and SP (Traffic) to discuss the incident. But finally decided to dispense with their appearance after lodging its most utmost dismay over the manner in which the vehicle of the Judge was struck up which definitely is quite a serious matter. No denying or disputing it!
At the very outset, this most commendable, courageous, cogent and convincing judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Sanjay Kumar Dwivedi sets the ball in motion and puts things in perspective by first and foremost putting forth in para 1 that, “The Court is dealing with the trauma which faced on 23.08.2024 while returning from High Court to the residence. On that day a demonstration was organized by a political party in the Morabadi ground. The Hon’ble Chief Minister of Jharkhand resides in his official residence in Kanke Road where in the Kanke Road also, the undersigned resides. In the morning at 10.A.M. when the undersigned has started for the Court found that one P.C.R. has been called at the residence of the undersigned. On enquiry it was informed by the P.S.O. that while he was coming to the residence of the undersigned he found there is ‘Jam’ near the Ram Mandir upto the residence of the Chief Minister in view of that he has called the P.C.R. and pursuant thereto P.C.R. has come and the undersigned was escorted for some distance and that is how the undersigned has reached to the Court. This initiative has been taken by the P.S.O. of undersigned on his own wisdom and police authorities have not taken this initiative on their part. Thus, in morning court hours reaching safe to the Court of the undersigned for that all credit goes to P.S.O. of the undersigned. The Court was late in sitting on that day by half an hour and just after sitting the undersigned has informed the Bar that due to ‘Jam’ near the Chief Minister residence, the undersigned has reached late to the Court. On that day being the reference of the retired judges the working hour was over by 2.15 P.M. and after discharging of some further duties in the Chamber the undersigned has left the Court premises at 3.18 P.M. for the residence. The P.S.O. of the undersigned has called upon the P.C.R. at 3.18 P.M. and 3.22 P.M and the P.C.R. has shown the inability to rescue the undersigned. In the Control Room six calls have been made by the P.S.O. of the undersigned. For half an hour the undersigned was stucked in front of the residence of the Chief Minister and even nothing was done by the police officials on repeated request by the P.S.O of undersigned. The undersigned has called upon the Registrar General and the Court Officer to look into the matter as the undersigned was willing to walk to the residence which was 1.00 K.M. away from the spot, then the P.S.O and the driver stopped the undersigned and requested not to do so as that will be fatal. Thereafter, the Registrar General has taken up the matter with the Director General of Police, Jharkhand and the Director General of Police, Jharkhand has interfered with and he has instructed the Superintendent of Police (Traffic), Ranchi and thereafter the undersigned was rescued from that spot to the residence.”
As we see, the Bench then discloses in para 2 that, “In this background at 10.30 A.M. today as for three days there was court holidays, The Registrar General, Registrar (Establishment) as well as the Court Officer of this Court were called upon and the Court requested them to call the Director General of Police, Jharkhand, Deputy Commissioner, Ranchi, Senior Superintendent of Police, Ranchi as well as the Superintendent of Police (Traffic), Ranchi at 12.30 P.M. and that is how all the officers are present in the Court.”
Most alarmingly, what cannot be lost sight of is that the Bench minces absolutely just no words to enunciate in para 3 postulating that, “This is a serious matter in view of that the Court was compelled to take all these efforts which has been narrated hereinabove. This is not concern of one Court only if one Judge of the High Court is not safe meaning thereby the other Judges are not safe that too in a State where a good officer of the higher judiciary of the State has lost his life on the action of some accused which is being investigated by the C.B.I and being monitored by the Hon’ble Division Bench of this Court. The Court thought if nothing is done on the issue in question, authority concerned will not take any action with regard to safety of the High Court Judges.”
Most forthrightly, the Bench minces absolutely just no words to expound in para 4 propounding that, “In a nutshell, it will be no exaggeration if it is said that the High Court Judges are high dignitaries, who by virtue of their office and the nature of work, that is to say, dispensation of justice, exercise a regal or sovereign function; their work forms part of Constitutional duty of the State and they discharge inalienable functions of the constitutional Government, which no one else is entitled to perform. They are to be faithful and true to the duties of their office and to function without fear or favour, affection or ill-will and act only to uphold the Constitution and the laws framed thereon. They have to be aloof to some extent from others. These and other acts which Judges perform make them the object of regard and respect of others. Their functions as demanded by their office make them important for the society. No one in the Government’s bureaucratic set up can ignore their position as such this Court is constrained to say so because this has happened with the sitting Judge of the High Court.”
Most remarkably and so also most significantly, what constitutes the cornerstone of this notable judgment is then encapsulated in para 5 propounding that, “It is the highest duty of every governmental agency to guard and protect the judicial institutions from such attack on them. The great cherished values of the Constitution, the rule of law, human rights and the dignity and all varieties of a civilized life will be eroded if such executive high-handedness is allowed to prevail.”
It is worth noting that the Bench candidly concedes in para 6 of this remarkable judgment while striking a conciliatory note observing that, “In course of interaction at Bar, the Director General of Police, Jharkhand has admitted that laches has occurred however, he assured that it will be rectified and in future it will not be repeated.”
While continuing in a similar vein and showing magnanimity, the Bench directs in para 7 of this noteworthy judgment mandating that, “The appearance of Director General of Police, Jharkhand, Deputy Commissioner, Ranchi, Senior Superintendent of Police, Ranchi and Superintendent of Police (Traffic), Ranchi are dispensed with.”
Adding more to it, the Bench then further directs in para 8 of this brilliant judgment stating that, “The office shall register case as Courts on its own motion.”
Finally, the Bench then concludes by directing in the final para 9 of this robust judgment holding that, “Registry shall place this order forthwith before the Hon’ble the Acting Chief Justice for needful.”
In a nutshell, it is absolutely in the fitness of things that the Jharkhand High Court decides to register suo motu case while noticing laches and grave security lapses in safety of even High Court Judges which definitely has to be taken most seriously as held also in this leading case. It is rightly underscored by the Ranchi High Court that it is the highest duty of every governmental agency to guard judicial institutions. It is definitely high time now and the State Government led by incumbent Chief Minister – Mr Hemant Soren must now pull up its socks and ensure firmly that such a grave security lapse does not happen again in the security of the Judges of Jharkhand High Court and so also other judicial officers of the District Courts as pointed out also in this refreshing judgment which can be ensured only by according it the highest priority.
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