Saritha statements row: High Court panel exonerates CJM

He had erred in failing to record statements of solar scam-accused Saritha

July 15, 2015 12:00 am | Updated 05:42 am IST - KOCHI:

N.V. Raju, the former Chief Judicial Magistrate (Economic Offences) who stirred up a controversy by failing to record the statements of solar scam-accused Saritha S. Nair that she was raped in custody, has been exonerated.

The Administrative Committee of the High Court of Kerala, headed by Chief Justice Ashok Bhushan, exonerated Mr. Raju on Tuesday after finding that there was no mala fide intentions on his part during the reported acts of judicial misconduct.

The magistrate had admitted before the committee that he had erred during the proceedings related to Saritha.

The magistrate’s failure to record the statements of Saritha had stirred up a storm in the State with Leader of the Opposition Leader V.S. Achuthanandan and CPI(M) leader Pinarayi Vijayan demanding the intervention of the High Court in the issue. The controversy attained political hues as it was alleged that Saritha had close ties with several Ministers in the State Cabinet.

BJP leader K. Surendran and a few lawyers had approached the High Court against the magistrate’s acts.

Dropped from list

Following the controversy, the Administrative Wing of the High Court had dropped Mr. Raju for the list of Chief Judicial Magistrates to be promoted as District Judge as the proceedings were pending against him.

The court had earlier issued a Memo of Charges against him invoking the provisions of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

According to judicial sources, the High Court looked into the charges that Mr. Raju failed to record the statements of Saritha. During the proceedings, the CJM asked her to submit her statements in writing.

He had also held in-camera proceedings in the case though he failed to record it in the order sheet, the sources said. Section 321 of the Code of Criminal Procedure says that the proceedings of the court shall be conducted in a transparent manner.

In-camera proceedings can be conducted only during exceptional circumstances.

The reasons and decisions regarding such proceedings should also be recorded.

Though the procedural formalities were violated, the committee felt that there were no mala fide intentions on the part of the magistrate. Mr. Raju’s criticisms against Saritha’s counsel were unwarranted, the sources said.

Yet, the committee accepted the explanations submitted by Mr. Raju and concluded that the magistrate acted with good intentions and could be pardoned.

Relook case

The High Court may relook into his case of promotion, following the decision to absolve him of his charges, the sources said.

Panel finds no mala fide intentions on his part

HC may relook his promotion as District Judge

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