IN RE: CRL. INTIMIDATION OF CAT MEMBER versus *

IN RE: CRL. INTIMIDATION OF CAT MEMBER versus *

The allegations of criminal intimidation and humiliation against the judicial member are not without substance; however, since parallel proceedings (writ and criminal contempt) are pending before the Jharkhand High Court and CAT Patna Bench, the Supreme Court refrains from opining further on the merits or necessary action; directs State authorities to consider fitness for service of the concerned police officer and mandates the Union and State Governments to ensure minimum courtesy and adequate security to CAT members.

Parties
Judicial Member, Central Administrative Tribunal (victim/applicant): Shri B.V. Rao; Inspector General of Police, Respondent No. 3: Smt. Nirmala Choudhary; Respondent No. 2 (state Government): State of Jharkhand; Respondent No. 1: Union of India; Respondents (police Personnel Accompanying R 3): Eight Police Officials; Amicus Curiae: U.U. Lalit
Jurisdiction
India
Judgment Date
25 August 2009
Procedural Posture
Writ Petition (criminal) Under Article 32 / Final Disposition by Supreme Court
Outcome
Writ petition disposed of with directions.
Legal Topics
Criminal Intimidation of Judicial Officers, Contempt of Court, Security for Tribunal Members
Constitutional Law Criminal Law Administrative Law Criminal Intimidation of Judicial Officers Contempt of Court Security for Tribunal Members

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Parties

Shri B.V. Rao

Judicial Member, Central Administrative Tribunal (victim/applicant)

Smt. Nirmala Choudhary

Inspector General of Police, Respondent No. 3

State of Jharkhand

Respondent No. 2 (state Government)

Union of India

Respondent No. 1

Eight Police Officials

Respondents (police Personnel Accompanying R 3)

U.U. Lalit

Amicus Curiae

Procedural Posture

Writ Petition (criminal) Under Article 32 / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether allegations of criminal intimidation and humiliation of a Judicial Member of CAT by police officers are substantiated.
  2. 2 Appropriate directions for the protection and security of CAT members.
  3. 3 Responsibility for discipline and fitness for service of police officers involved.

Ratio Decidendi

The allegations of criminal intimidation and humiliation against the judicial member are not without substance; however, since parallel proceedings (writ and criminal contempt) are pending before the Jharkhand High Court and CAT Patna Bench, the Supreme Court refrains from opining further on the merits or necessary action; directs State authorities to consider fitness for service of the concerned police officer and mandates the Union and State Governments to ensure minimum courtesy and adequate security to CAT members.

Court Disposition

Writ petition disposed of with directions.

Orders

  • High Court of Jharkhand and PAT Bench of CAT to proceed with pending writ and contempt proceedings.
  • State authorities to decide suitability of respondent No. 3 for continued service.