MP High Court Slams Caste-Like Structure In Judiciary: 'District Judges Treated As Shudras'
The court also noted that fear and subordination are deeply embedded in the relationship between the two levels of the judiciary.
The Madhya Pradesh High Court on Friday sharply criticised what it described as a caste-based and feudal mindset within the state judiciary, likening the structural relationship between high court and district judges to that of 'savarn" and 'shudras".
The court also noted that fear and subordination are deeply embedded in the relationship between the two levels of the judiciary.
'At a subliminal level, the penumbra of the caste system manifests in the judicial structure in this state where those in the High Court are the savarn and the shudras are the les misérables of the District Judiciary," the order stated.
A division bench of Justices Atul Sreedharan and DK Paliwal noted that the judicial hierarchy reflects caste-like divisions, with high court judges perceived as privileged and district judges relegated to inferior status.
The comments came while quashing the 2015 dismissal of special court judge Jagat Mohan Chaturvedi, who was removed from service for granting bail in a case.
The bench found no material evidence of misconduct or corruption against him and directed the state to pay Rs 5 lakh as compensation for the damage to his reputation.
The court observed that incidents of district judges being made to personally attend to high court judges at railway stations or being denied a seat in official meetings reflect a colonial hangover and a persistent culture of entitlement.
'The dismal relationship between the judges of the High Court and the judges of the District Judiciary is one between a feudal lord and serf," the bench said.
It further stated that such power dynamics contribute to a backlog of bail applications and appeals, as district judges often function in fear of being penalised for their judicial decisions.
The judgment underlined the psychological burden carried by the lower judiciary, stating: 'The subjugation and enslavement of the psyche of the judges of the district judiciary is complete and irreversible, so it seems."
The court also restored Chaturvedi's pensionary benefits and ordered payment of back wages with 7 per cent interest from the date of dismissal to the date he would have superannuated.
The order must be implemented within 90 days, failing which the petitioner may seek contempt action.
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