The Hindu : Absconding judge's bail application rejected

Online edition of India's National Newspaper
Tuesday, Jun 10, 2003

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Absconding judge's bail application rejected

By Our Legal Correspondent

NEW DELHI June 9. The Supreme Court today dismissed an anticipatory bail application filed by the Chandigarh Civil Judge, S.S. Bharadwaj, who was reported to have escaped from his residence last month after he was caught allegedly while accepting a bribe of Rs. 7 lakhs for himself and another Sessions Judge at Jalandhar.

A vacation Bench comprising Justice R.C. Lahoti and Justice Brijesh Kumar rejected the plea observing that the raid on his house could not have been conducted by the investigating agency without prior clearance from the Chief Justice of the High Court.

The petitioner's counsel contended that the Judge had been framed by the CBI and alleged that the agency was floating the story that the Judge escaped from his residence during the raid only with a view to prejudicing the false case against him.

But the bench observed that "nothing could have been done without prior clearance from the Chief Justice of the High Court concerned and no judicial officer can be arrested unless prior permission of the Chief Justice had been taken''.

According to the CBI, one Gurwinder Singh Samra made a written complaint on May 9 to the anti-corruption branch of the CBI, Chandigarh, regarding demand of illegal gratification from him by the petitioner.

On May 10, it was alleged that Mr. Bharadwaj was caught red-handed while accepting Rs. 7 lakhs for himself and for R.M. Gupta, District and Sessions Judge, Jalandhar.

And on May 11, when CBI was completing the formalities at his residence, he intentionally escaped from the place.

On May 15, his anticipatory bail application was rejected by the special judge, Chandigarh, and his appeal was turned down by the High Court.

The present special leave petition was directed against this order.

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