Highest Duty Of Every Governmental Agency To Guard Judicial Institutions: Jharkhand HC Registers Suo Motu Case Noticing Laches In Safety Of Judges

The Court was hearing a Suo Motu Writ Petition in the form of Public Interest Litigation for the safety of Judges.

The bench of Justice Sanjay Kumar Dwivedi observed, “It is the highest duty of every governmental agency to guard and protect the judicial institutions from such attack on them. The great cherished values of the Constitution, the rule of law, human rights and the dignity and all varieties of a civilized life will be eroded if such executive high-handedness is allowed to prevail.”

Advocate Manish Mishra appeared for the State.

Brief Facts-

The Court addressed an incident from August 23, 2024, when Justice Sanjay Kumar Dwivedi faced difficulties returning home from the High Court due to a political demonstration near the residence of the Jharkhand Chief Minister. In the morning, the P.S.O. had arranged a PCR escort for the judge to reach the Court safely amid a traffic jam, but in the afternoon, despite multiple calls, police assistance was delayed. The judge was stuck near the Chief Minister's residence for half an hour. After intervention by the Registrar General and the Director General of Police, the judge was eventually escorted home. The Court summoned the DGP, Deputy Commissioner, SSP, and SP (Traffic) to discuss the incident.

The Court observed, “it will be no exaggeration if it is said that the High Court Judges are high dignitaries, who by virtue of their office and the nature of work, that is to say, dispensation of justice, exercise a regal or sovereign function; their work forms part of Constitutional duty of the State and they discharge inalienable functions of the constitutional Government, which no one else is entitled to perform.”

The Court further said, “They are to be faithful and true to the duties of their office and to function without fear or favour, affection or ill-will and act only to uphold the Constitution and the laws framed thereon. They have to be aloof to some extent from others. These and other acts which Judges perform make them the object of regard and respect of others. Their functions as demanded by their office make them important for the society. No one in the Government's bureaucratic set up can ignore their position as such this Court is constrained to say so because this has happened with the sitting Judge of the High Court.”

Finally, the Court dispensed with the appearance of the Director General of Police, Jharkhand, Deputy Commissioner, Ranchi, Senior Superintendent of Police, Ranchi and Superintendent of Police (Traffic), Ranchi.