Tuesday, Oct 07, 2003
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New Delhi
By Our Staff Reporter
The Special Judges, Prem Kumar and S.N. Dhingra, were conducting trial of the Bofors gun deal case and the Nitish Katara murder case, respectively, while the Additional Sessions Judge, J.M. Malik, was trying the Shivani Bhatnagar murder case. The transfers of Mr. Kumar, Mr. Dhingra and Mr.V.K. Jain, another Special Judge, have coincidentally taken place in the wake of filing of three separate Special Leave Petitions (SLPs) by them in the Supreme Court seeking expunction of certain observations by Justice J.D. Kapoor of the Delhi High Court against them in his orders in different cases. Besides these four judicial officers, the Chief Metropolitan Metropolitan Magistrate, K.S. Pal, and Additional Chief Metropolitan Magistrates, V.K. Maheshwari of the Patiala House courts, J.P.S. Malik and T.S. Kashyap of the Tis Hazari courts and Pradeep Chadha of the Karkardooma courts here, have also been transferred with promotion to the rank of Additional District Judge. Reena Singh Nag, Additional District Judge, Tis Hazari courts, would be the new Chief Metropolitan Magistrate of Delhi, according to a notification issued by the Delhi High Court. J.M. Malik will take charge of the court of Mr. Dhingra and H.P. Sharma that of V.K. Jain. A successor to Mr. Prem Kumar has not been named yet. Besides these presiding officers, scores of other judicial officers have also been transferred with promotion or without. Our Legal Correspondent adds: Stung by severe strictures made against him by the Delhi High Court, S.N. Dhingra, Additional Sessions Judge of Delhi, who decided the `Parliament attack case', moved the Supreme Court today seeking expunction of these remarks which came in a cheque bouncing case. A three-Judge Bench of the Supreme Court, comprising the Chief Justice, V.N. Khare, Justice S.B. Sinha and Justice A.R. Lakshmanan, while permitting Mr. Dhingra to file a special leave petition, issued notice to the Delhi Government and the High Court. In his SLP, Mr. Dhingra, who was also involved in other sensitive cases pertaining to the gangster Dawood Ibrahim, submitted that severe strictures had been passed against him by Justice J.D. Kapoor of the Delhi High Court without issuing notice to him or calling for the records of the case. The Sessions Judge, while dealing with three cheque bouncing cases involving an amount of Rs 30 lakhs, had imposed costs of Rs 15,000 and Rs 500 on the defendants for seeking adjournment of trial proceedings on two occasions. The High Court Judge in his order had observed that Mr. Dhingra had scant regard for the High Court judgments and stuck to the procedure invented by him and not the one prescribed under the Criminal Procedure Code (Cr.P.C). The "illegality, harshness and judicial tyranny is writ large in the impugned order as Mr. Dhingra imposed a cost of Rs. 15,000," it said. The High Court had said Mr. Dhingra's order "not only militates against judicial conscience but also criminal jurisprudence". Mr. Dhingra said he was aggrieved by this order as the High Court had not only passed severe strictures against him but ordered that copies of the impugned judgment be circulated to all the judicial officers, thereby tarnishing his image and reputation. Hence, the SLP for expunging these remarks.
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