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Former judge's delayed plea on duress dismissed

Legal Correspondent

New Delhi: The Supreme Court has dismissed on grounds of delay a petition for reinstatement filed by Arun Madan, former judge of the Rajasthan High Court, who alleged that he submitted his resignation under duress and that his signature was obtained in a typed letter.

A committee appointed by the apex court went into allegations of professional misconduct against Mr. Madan and on the basis of its report, he was asked to resign.

Counsel for petitioner told a three-judge Bench that Mr. Madan sent a letter to the President in March 2003 stating he was not keeping good health and that he might be permitted to go on leave. But he was forced to resign. Under Article 217 (a) of the Constitution "a judge may by writing under his hand addressed to the President resign his office." But putting his signature in a typed letter would not mean he had written the letter, counsel said.

The Bench, comprising Chief Justice Y.K. Sabharwal and Justices C.K. Thakker and R.V. Raveendran, asked counsel why there was a delay of over two and half years in filing the petition, and to indicate any precedent in which Article 217 (a) was interpreted as contended by the petitioner. If there was no such precedent, then writing under one's hand would also mean putting one's signature in a typed letter.

The Bench reminded counsel that the High Court had not allotted judicial work to the petitioner only in December 2004. "Why did he keep quiet from March 2003 till December 2004?"

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