Click to play videoNew Delhi: In a scathing order the Delhi HC on Friday came down on the judicial competence of a lower court judge.
Questioning the judge's legal acumen, the HC has asked the district and sessions judge to ensure that the lower court's judicial officer is sent back to the law school to learn criminal law.
Justice V B Gupta in a first-of-its-kind order has asked the Delhi Judicial Academy to monitor the progress of Justice Rakesh Tiwari, a lower court judge and submit a report in three months.
Even in the past, the higher judiciary has passed strictures against judges but this is the first time that a judge is being sent back to the law school.
However, this isn't about one judge as the HC has made it clear that the copy of the judgement has to be circulated in all lower courts thereby making them accountable in more ways than one.
The trigger was Justice Tiwari's decision in the case involving Rohit Kumar, a BSES consumer, who was imprisoned for his tenant's dues.
“For reasons best attributable and best known to BSES, they had chosen to file a complaint against the landlord when according to us, it was the tenant who had the committed the said criminal offence. And he remained in custody for seven days unfortunately,” said Advocate for Petitioner, T A MEER.
But the developments have left the legal fraternity divided. Former union law minister Ram Jethmalani compliments the High Court judge.
“I have the highest regard for Justice VB Gupta. What he has done is path breaking,” said Jethmalani.
Meanwhile, other senior lawyers are critical of this role reversal.
"Lower court judges can’t be scared this way. The judge had no business to give such an order,” said senior Supreme Court advocate Harish Salve.
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