It Is Crystal Clear That State Is Hunting For Bench: Jharkhand HC Says Nobody Will Be Allowed To Play With Majesty Of Court

The Court emphasized that such tactics were not only disruptive but were "deprecable," undermining the dignity of the judicial process.

The case, involving separate FIRs filed against the petitioner, had already seen multiple adjournments and delays by the State, which failed to file a counter affidavit despite repeated opportunities. In the instant petition when the State sought yet another adjournment, citing a related case pending before the Supreme Court, the Court rejected the request, expressing frustration over the continued delay.

A Bench of Justice Sanjay Kumar Dwivedi observed, “In view of above facts, it is crystal clear that the respondent State is hunting for Bench which is deprecable. This conduct of the respondent State is required to be dealt with by the Court with all strength as nobody is allowed to play with the majesty of the Court.”

Advocate Nilesh Kumar appeared for the Petitioner and Advocate Deepankar Roy appeared for the Respondents.

Such conduct, the Court noted, had been previously deprecated by the Supreme Court in Kamini Jaiswal v. Union of India (2018).

The Court also imposed a penalty of Rs. 1,00,000, it said, “In view of that, the I.A. which has been taken on record, is, hereby, dismissed with cost of Rs.One lac to be deposited, out of which Rs.50,000/- will be deposited with Jharkhand High Court Advocates’ Association and rest Rs.50,000/- will be deposited with Jharkhand High Court Advocates Clerks’ Welfare Association.”

Cause Title: Chaitanya Swarup Gupta & Ors. v. The State of Jharkhand & Ors.

Appearance:

Petitioners: Advocate Nilesh Kumar

Respondents: Advocates Deepankar Roy, Abhishek Krishna Gupta, Jeetendra Kumar Mishra, Neha Agrawal