A trial court judge earned the wrath of the Delhi High Court for "exceeding his jurisdiction'' and showing lack of "judicial discipline'' by modifying the HC's order.
Pulling up the Additional Chief Metropolitan Magistrate of New Delhi district for cancelling the interim bail of an accused, granted to him by the HC, for no valid reason and making him surrender before the court, Justice G S Sistani said, "In my opinion, ACMM has showed complete lack of judicial discipline and the order smacks of judicial impropriety.''
The HC took a strong view of the fact that without any request from the complainant's side to cancel the interim bail granted by the HC, the ACMM took the liberty of cancelling his bail. "I find sufficient force in the submission of the counsel for the petitioner that there was no occasion for the ACMM to pass the order,'' Justice Sistani said.
"In view of the fact that there was no application pending before the ACMM for cancellation of bail nor was any such prayer made in the application filed by the complainant, the ACMM has exceeded his jurisdiction,'' the court added.
Accused Narender Jain, arrested in an EOW case, had sought interim bail from the HC on the grounds that his wife had to undergo a surgery. The bail was granted on certain conditions. The accused later got an extension when the operation dates were shifted. Meanwhile, the complainant moved the trial court seeking the record of the operation. And Jain's counsel, who was at Patiala House for another matter, was asked to explain the present case.
When he explained, the ACMM cancelled the bail stating that no justification was given by the accused to avail of it and directed him to surrender. Challenging the ACMM's mover, Jain's counsel said no notice was issued to the accused.
Trashing the trial court order, the HC released the accused on bail and slammed the ACMM for not letting the accused derive any benefit of the bail. "Subordinate courts, by way of constitutional provisions, are bound by the decision of local high courts as is every court in the country, including the high courts, bound by the decision of the Supreme Court,'' Justice Sistani said, directing a copy of the order be sent to the inspecting judge of the trial court to notice the judge's conduct.
