Patna HC caught in controversies

By K. Balchand

PATNA, AUG. 6. The judiciary is in the news these days in Bihar mostly for unpleasant reasons, indicative of yet another Constitutional institution being caught in a series of controversies.

While the Patna High Court was targeted in the State Legislature, it also finds itself in a tussle with the Raj Bhavan and a recent action has come in for public criticism. The worst part, however, is that the conduct of judges was criticised by some lawyers and no less by a judge himself.

On Friday last, lawyers boycotted the court of a High Court judge for alleged intemperate remarks against an advocate a day earlier. The same day, a confusion over a ruling by another judge led to commotion with the members of the Bar. It affected at least three court rooms. The judge concerned left the room, while another was allegedly not permitted to leave unable to conduct the proceedings in the wake of rumpus in the corridor.

But something more critical happened a few days earlier when the senior judge of a Division Bench pronounced his judgment in the courtroom and passed it on to his colleague to sign his concurrence. The younger judge openly refused to do so saying he did not have the opportunity to even read the judgment and would deliver his own ruling at a later date.

The Chief Justice has decided to intervene in the matter because the senior judge had not shown his ruling to the junior judge in advance, that too when the date for the delivery of the verdict was listed at the behest of the senior judge.

The High Court is facing pressure from outside too. The Division Bench, monitoring the fodder scam investigation by the CBI, was accused of partisanship by a State Minister in the fraudulent withdrawal of money by officials of the Animal Husbandry Department.

The court has taken objections to the remark and has conveyed its concern to the Legislative Council Chairman, who has claimed that the remarks have been expunged. The Advocate General is likely to inform the court of the Council proceedings.

The High Court has admitted a contempt petition and made the Chancellor, the Governor, a party vis-a-vis regularisation of services of lecturers of constituent colleges. The Raj Bhavan, however, has reiterated that it is the final authority in matters relating to universities.

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Section  : Other States
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