Row over handling of ex-judge’s case against Sukhbir, Majithia

Saurabh Malik
Tribune News Service
Chandigarh, September 27

A controversy of sorts has erupted over the way a former judge’s case is being handled by a sitting judge of the Punjab and Haryana High Court, about seven months after he filed a complaint against SAD chief Sukhbir Badal and MLA Bikram Majithia.

Justice Ranjit Singh’s complaint was listed for hearing before a single-judge Bench of the High Court on Thursday at serial number 235 and was expected to come up for hearing late in the afternoon. The complaint was filed in February and has so far come up for hearing seven times.

A senior advocate appearing on Justice Ranjit Singh’s behalf was not expecting much to happen during the hearing. One of the opposing senior counsels had reportedly intimated him beforehand about his non-availability. The judge hearing the matter, too, was under transfer.

But the judge took Justice Ranjit Singh’s counsel by “surprise” by taking up the case out of turn. The case was called up for hearing at 2 pm. At the very onset, Justice Ranjit Singh’s counsel submitted that the case could have been taken up when its turn came later during the day as there was no urgency. But the hearing continued for about two hours before the case was adjourned till Monday.

Taking exception, Justice Ranjit Singh has sent an SMS to acting Chief Justice Rajiv Sharma. Since then it has gone viral and is believed to have been received by the Supreme Court as well.

Justice Ranjit Singh asserted he filed a complaint against two political leaders for bringing disrepute to him as chairman of a commission appointed by the government to inquire into incidents of sacrilege in the state.

Justice Ranjit Singh added that he was told that the judge left urgent or freshly filed cases and took up his complaint out of turn. The judge started hearing the case on maintainability of his complaint, whereas his counsel was told that the respondent-politician would take date. Despite protest by his counsel, the judge heard the case and kept it for Monday. “The judge is under transfer and is showing undue haste in dealing with case. I apprehend that justice may suffer. I am bringing it to your notice as acting Chief Justice to take appropriate action considered necessary in the case, where a former judge of this court is before the court to save the honour and prestige of the institution,” Justice Ranjit Singh concluded.

Implications 

The first-of-its-kind plea by Justice Ranjit Singh has larger political and legal implications. If allowed, the respondents may find themselves facing proceedings for simple imprisonment for a term extending up to six months or fine or both. Five years after the judge hearing the matter was elevated, the Supreme Court Collegium earlier this month recommended his transfer to the Kerala High Court. His request to reconsider the transfer was also declined by the collegium.