The ASJ to satisfy his own sadistic pleasures seems to have forgotten that judges are to remain humble and not guided by their ego and prejudices, says the court
The Delhi High court has rapped an Additional Sessions Judge of Tis Hazari court stating that he had ordered an enquiry against the Deputy Commissioner of Police (DCP) and Assistant Commissioner of Police (ACP) to “satisfy his own sadistic pleasure” and “seems to have forgotten that Judges are to remain humble and not guided by their ego and prejudices”.
Justice Vinod Goel said that ASJ Ramesh Kumar-II ordering an inquiry against the ACP Ashok Tyagi and DCP Jatin Narwal is ‘highly arbitrary and unbecoming of a Judge who is supposed to maintain judicial proprietary at all times and is not guided by his ego or personal prejudices against someone or a particular group or class of people/officers”.
The court, while making these observations, set aside the order passed by the ASJ which directed the Commissioner of Police to take action against the ACP and DCP of north Delhi for allegedly not conducting inquiry in loss of summons sent to the Investigating Officer (IO) Harender Kumar of Timarpur police station in a particular case.
“The DCP being not available for justifiable reason, before the Additional Sessions Judge on April 20 seems to have hurt the ASJ’s ego who was under the belief that that high ranking executive officials are somehow inferior to the members of judiciary and bound by all their directions. “The ASJ to satisfy his own sadistic pleasures seems to have forgotten that judges are to remain humble and not guided by their ego and prejudices,” the court said.
On February 28, the ASJ had ordered to summon the IO for the next date of hearing and fixed the matter for arguments on charge. However, on March 8, it was observed that the summons did not reach the IO following which fresh summons were issued for the IO.
On March 22, the IO appeared in the court and stated that he had not received the summons. Following this, the ASJ observed that an enquiry was required regarding the loss of summons and directed the DCP concerned to conduct an inquiry in connection to the matter.
A report was submitted in the court by the DCP but the ASJ did not find it satisfactory following which he directed the former to appear in the court.
On April 20, the DCP could not appear before the court stating that he was busy in the upcoming Municipal Elections in Delhi but he directed the ACP, Civil Lines and SHO to remain present in the court to answer the queries following which the directed the Commissioner to Police to conduct an enquiry.
The court held that the ASJ should have been heard the arguments instead of becoming egoistic against the DCP who is completely alien to the records of the court and is already burdened with the many other important responsibilities.
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