HC sends additional sessions judge back to school

NEW DELHI: In an unprecedented move in the annals of Indian judiciary, the Delhi High Court on Friday ordered a subordinate judge to undergo three months' training at the Delhi Judicial Academy, saying that he "does not even have elementary knowledge of the Code of Criminal Procedure".
The judge in question, an additional sessions judge (ASJ) in a special electricity court, had bypassed normal judicial procedure to declare a man a proclaimed offender in a power theft case after he did not respond to summons since he allegedly did not receive them in time.To top that, the judge questioned Delhi High Court's order which stayed his ruling in the case.
Justice VB Gupta of Delhi high court held that judge RK Tewari wasn't conversant with the basics of the criminal procedure code.
"Under these circumstances, it would be appropriate if he undergoes a refresher course at DJA in criminal law and procedure," he ruled while asking the director of DJA to submit a performance report of the judge in court.
Justice Gupta also passed strictures against the judge for "casting aspertions on the functioning of the high court".
He noted that ASJ Tewari "was not at ease with the order passed by the high court" granting a stay on proceedings by the trial court to declare the petitioner, Rohit Kumar, a proclaimed offender (PO).
After HC had granted the stay, judge Tewari had observed that "there was no cause of action in favour of the accused before the Hon'ble High Court of Delhi for stay of the said proceedings".
Virtually rebuking the judge, Justice Gupta said that a proclamation under section 82 (for declaring a person a proclaimed offender) of CrPC has to give the person against whom warrants have been issued, at least one month's time before he can be declared a PO.
But in this case, the procedure for declaring Kumar a PO was started on August 6, 2007 and was scheduled to be wound up on August 29. "In spite the fact that Mr RK Tewari has no basic knowledge of the criminal law, he has chosen to comment on the order passed by this court, which amounts to judicial indiscipline," Justice Gupta added.
The ASJ's order was issued against Rohit Kumar, a house-owner in Old Khanpur area of the capital. According to his advocate Tanveer Ahmed Mir, Kumar had given out a portion of his house on rent and during a raid by BSES officials, it was found that the tenents were stealing electricity.