Instances of courts reversing or withdrawing their original decisions are becoming increasingly commonplace.The subordinate courts are the worst offendors.

I am referring to the recent case of “ judicial over-reach” by one Manish Singh, a Jharkhand magistrate. He imposed the condition of  distributing 5 copies of  Holy Quran to School libraries for granting bail to a student Richa Bharti who was arrested for allegedly making communal comments over a “ post shared by her in the Facebook regarding lynching of one Tabarez Ansari.

By the time, the magistrate concerned could replace his earlier orders, damage was already done to law and order situation besides causing mockery of judiciary.

An absolutely flawed verdict by the subordinate judge without application of mind.He cannot be permitted to go scot free for making mockery of justice. Jharkhand high court is urged to take suo motu cognizance of the case and reprimand the magistrate for non-application of mind for disturbing communal harmony. He cannot be allowed to have his way.

Furthermore, whether, replacement was motivated by public outrage or belated  realization of blunder , reflects poorly on the deteriorating  quality of subordinate judiciary in the States.

The malady affecting  the subordinate judiciary is spread across the board. Nothing moves without the help of touts hovering around the courts. Unethical reasons: Collusive or Coercive corruption. Possibility of  non- application of mind. All WIC surfers must have had the unsavoury experience of meeting such intermediaries once in their lives outside Courts, local bodies, Police,transport offices, DDA,NOIDA  and similar other bodies having large public interfaces.             

There is  urgent need to create a uniform All India Judicial Service to replace the present subordinate judiciaries in States recruited by their High Courts and /or PSCs. Scams are often reported by the Media. Absence of  different recruitments agencies leads to differential standards, difficulty levels of question papers and different standards of assessment.

Let the Union of India expedite the creation of  an All India Judicial Service to replace the States Judicial Services.The Constitutition of India provides for it, buttressed by  Supreme court pronouncements, Law commission’s recommendations.


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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.

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