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sent to mental asylum for recording court proceedings
by Guest Wed Feb 29, 2012 9:33 am
Bhushan writes to CJI against judge
Feb 29, 2012, 03.22AM IST TNN[ Abhinav Garg ]
NEW DELHI: The Campaign for Judicial Accountability and Reforms (CJAR) has complained to the Chief Justice of India against a sitting additional judge of the Delhi high court who sent a businessman to a mental asylum for recording court proceedings.
Advocate Prashant Bhushan, convener of CJAR has accused Justice Suresh Kait of gross abuse of power in passing "vindictive and malicious orders calculated to intimidate a litigant" and urged the CJI not to confirm him as a permanent judge of HC.
In January this year Justice Kait had ordered that one Deepak Khosla "needed a check-up" at the Institute of Human Behaviour and Allied Sciences (IHBAS), on the grounds that Khosla kept disrespecting court orders prohibiting him from recording court proceedings. Justice Kait had in his January 4 order directed the medical superintendent of IHBAS to examine Khosla for his mental stability and observed, "It seems that he is suffering from some kind of mental disorder as he has been taking the courts for granted and has been acting over-smart."
Justice Kait had also asked the medical superintendent to constitute a medical board, who shall further examine and assess Khosla on a daily basis for a fortnight and, thereafter, submit the report before the court. The order was subsequently stayed by a division bench of the high court. Khosla has been fighting to get permission to do audio-video recording of court proceedings in cases where he is a litigant. While he succeeded in getting a favorable order from a single judge on this issue, a division bench headed by the then Chief Justice Dipak Misra had rejected his plea.
In his complaint sent to the CJI as well as other authorities including the President of India, the Prime Minister and the law minister, Bhushan slams Justice Kait's order, saying it was passed without jurisdiction or following due process. CJAR says it fears if such a conduct by a judge of HC is overlooked it would seriously undermine the rule of law and public confidence in judiciary. "If a judge of the Delhi high court gets away with impunity even though his misconduct and abuse of position is common knowledge, public would lose confidence in the very institution of democracy," Bhushan, who defended Khosla in court, adds in the complaint.
http://m.timesofindia.com/city/delhi/Bhushan-writes-to-CJI-against-judge/articleshow/12076835.cms
Feb 29, 2012, 03.22AM IST TNN[ Abhinav Garg ]
NEW DELHI: The Campaign for Judicial Accountability and Reforms (CJAR) has complained to the Chief Justice of India against a sitting additional judge of the Delhi high court who sent a businessman to a mental asylum for recording court proceedings.
Advocate Prashant Bhushan, convener of CJAR has accused Justice Suresh Kait of gross abuse of power in passing "vindictive and malicious orders calculated to intimidate a litigant" and urged the CJI not to confirm him as a permanent judge of HC.
In January this year Justice Kait had ordered that one Deepak Khosla "needed a check-up" at the Institute of Human Behaviour and Allied Sciences (IHBAS), on the grounds that Khosla kept disrespecting court orders prohibiting him from recording court proceedings. Justice Kait had in his January 4 order directed the medical superintendent of IHBAS to examine Khosla for his mental stability and observed, "It seems that he is suffering from some kind of mental disorder as he has been taking the courts for granted and has been acting over-smart."
Justice Kait had also asked the medical superintendent to constitute a medical board, who shall further examine and assess Khosla on a daily basis for a fortnight and, thereafter, submit the report before the court. The order was subsequently stayed by a division bench of the high court. Khosla has been fighting to get permission to do audio-video recording of court proceedings in cases where he is a litigant. While he succeeded in getting a favorable order from a single judge on this issue, a division bench headed by the then Chief Justice Dipak Misra had rejected his plea.
In his complaint sent to the CJI as well as other authorities including the President of India, the Prime Minister and the law minister, Bhushan slams Justice Kait's order, saying it was passed without jurisdiction or following due process. CJAR says it fears if such a conduct by a judge of HC is overlooked it would seriously undermine the rule of law and public confidence in judiciary. "If a judge of the Delhi high court gets away with impunity even though his misconduct and abuse of position is common knowledge, public would lose confidence in the very institution of democracy," Bhushan, who defended Khosla in court, adds in the complaint.
http://m.timesofindia.com/city/delhi/Bhushan-writes-to-CJI-against-judge/articleshow/12076835.cms
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