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Business Standard
2 days ago
- Politics
- Business Standard
Caste, feudal mindset persists in MP judiciary: HC on treatment of judge
In a strongly-worded order, the Madhya Pradesh High Court has deplored the "caste system" and the "feudal mindset" reflected in the judicial structure in the state where those in the high court are considered as "savarn" or privileged ones, while the district judges as "shudras" and "les misrables". It also likened the relationship between the judges of the high court and those of the district courts to that of "feudal lord and serf", adding that a sense of fear and inferiority is consciously instilled by one on the subconscious of the other. A division bench of the MP High Court comprising Justices Atul Sreedharan and D K Paliwali made these scathing remarks in its order passed on July 14 while setting aside the dismissal of a special court judge. Instances of the judges of the district judiciary personally attending to judges of the high court are commonplace as also the latter not offering a seat to the former, thereby "perpetuating a colonial decadence with a sense of entitlement", it said. "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 Misrables of the District Judiciary," it said. "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 feudal state of mind that still exists in the State, results in its manifestation in the judiciary also," the bench said. The fear of the district judiciary is understandable, the court said. "The relationship between District Judiciary and the High Court in the State is not based on mutual respect for each other but one where a sense of fear and inferiority is consciously instilled by one on the subconscious of the other," it said. The court said this while allowing a petition filed by Jagat Mohan Chaturvedi challenging the order of August 1, 2016 that dismissed his appeal against his termination from services as a judge of a special court (SC/ST) on October 19, 2015. As per the procedure, the call to dismiss is taken by the full court of the high court chaired by the Chief Justice. But the proposal to remove him was sent to the state government for action. The division bench quashed the order terminating the services of the petitioner and imposed a cost of Rs 5 lakh on the state government through the principal secretary Law and Legislative Department and the MP High Court Registrar General, saying that Chaturvedi had to face humiliation in society, without an iota of material coming on record to establish corruption against him. It said, "The instant case reveals a malady that cannot be addressed effectively on account of the social structure existing in the State." "It is precisely cases like this that result in a large number of bail applications pending before the High Court as also the Criminal Appeals. Experience at Bar gives this Court the wisdom to arrive at the opinion that the District Judiciary functions under the perpetual fear of the High Court," the HC said. Like this case, where the petitioner was terminated from service on account of passing bail orders in favour of the applicants, the message that goes down to the district judiciary by such acts of the high court is that acquittals recorded in major cases or bails granted by the courts below the high court, can result in adverse action against judges passing such orders, though they are judicial orders, it said. "The body language of the Judges of the District Judiciary when they greet a Judge of the High Court stops short of grovelling before the High Court Judge, making the Judges of the District Judiciary the only identifiable species of invertebrate mammals," it said. There are instances of the judges of the district judiciary personally attending to judges of the high court (as desired by them) on railway platforms and waiting on them with refreshments, are commonplace, thus perpetuating a colonial decadence with a sense of entitlement, the court added. "Judges of the District Judiciary on deputation to the registry of the High Court are almost never offered a seat by the Judges of the High Court and on a rare occasion when they are, they are hesitant to sit down before the High Court Judge," the court said. The subjugation and enslavement of the psyche of the judges of the district judiciary is complete and irreversible, so it seems. All this in the name of saving their job, for which the petitioner in this case suffered, for thinking and doing differently, the court order said. "They have families, children who go to school, parents undergoing treatment, a home to be built, savings to be accumulated, and when the High Court terminates his service abruptly on account of a judicial order passed him, he and his entire family is out on the streets with no pension and the stigma of facing a society that suspects his integrity," the court said. On account of "gross injustice" suffered by him, the HC restored his pensionary benefits and also directed that he be given back wages from the date on which he was terminated till the date he would have otherwise superannuated with seven per cent interest. The same shall be complied within a period of 90 days from the date on which this order is uploaded on the web site of the High Court Registrar General, failing which the petitioner shall be entitled to file a contempt petition against the respondents, it said.
Time of India
2 days ago
- Politics
- Time of India
'Manifests savarn and shudras': MP HC flags 'caste system' in judiciary; calls out feudal mindset
MP high court NEW DELHI: The Madhya Pradesh high court has made strong observations on the existing structure of the judiciary in the state, comparing the relationship between high court judges and district judges to that of "feudal lord and serf. " The court also criticised what it described as a "caste system" within the judicial setup, where high court judges are seen as "savarn" and district judges as "shudras" and "les misérables." A division bench of Justices Atul Sreedharan and D K Paliwali made these remarks in its order dated July 14, while allowing a petition filed by Jagat Mohan Chaturvedi, a former special court judge. Chaturvedi had challenged his termination from service in 2015, which followed his decisions on bail pleas in the Vyapam scam and other cases. He had granted bail to some and denied relief to others, and was later accused of holding divergent views on similar matters. The court said, "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 dismal relationship between the judges of the high court and the judges of the District Judiciary is one between a feudal lord and serf. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo The feudal state of mind that still exists in the state, results in its manifestation in the judiciary also," the bench said. The court noted that such a structure creates fear and a sense of inferiority among district judges. It said, "Experience at Bar gives this Court the wisdom to arrive at the opinion that the District Judiciary functions under the perpetual fear of the high court. Like this case, where the Petitioner was terminated from service on account of passing bail orders in favour of the applicants, the message that goes down to the District Judiciary by such acts of the High Court is that acquittals recorded in major cases or bails granted by the Courts below the High Court, can result in adverse action against Judges passing such orders, though they are judicial orders. " It added, "It is precisely cases like this that result in a large number of bail applications pending before the high court as also the criminal appeals." The bench also observed that "instances of the judges of the district judiciary personally attending to judges of the high court are commonplace as also the latter not offering a seat to the former, thereby perpetuating a colonial decadence with a sense of entitlement." On Chaturvedi's dismissal, the court said the case shows a "malady that cannot be addressed effectively on account of the social structure existing in the State, which also manifests in the judiciary." It said the termination affirms the belief that trial court judges may face consequences for granting relief to accused persons. The order of Chaturvedi's dismissal was issued on October 19, 2015. His appeal was dismissed on August 1, 2016. The division bench has now quashed the termination order and imposed a cost of Rs 5 lakh on the state government through the principal secretary, Law and Legislative Department, and the MP high court registrar general. The court said Chaturvedi had to face humiliation in society without any evidence of corruption presented against him.
News18
2 days ago
- Politics
- News18
MP High Court Slams Caste-Like Structure In Judiciary: 'District Judges Treated As Shudras'
Last Updated: 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. view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
3 days ago
- Politics
- Time of India
Caste, feudal systems still reflect in MP judiciary where district judges treated as 'shudras': High Court
In a strongly-worded order, the Madhya Pradesh High Court has deplored the "caste system" and the "feudal mindset" reflected in the judicial structure in the state where those in the high court are considered as "savarn" or privileged ones, while the district judges as "shudras" and "les miserables". It also likened the relationship between the judges of the high court and those of the district courts to that of "feudal lord and serf", adding that a sense of fear and inferiority is consciously instilled by one on the subconscious of the other. Explore courses from Top Institutes in Please select course: Select a Course Category Cybersecurity Leadership Data Analytics CXO healthcare MBA Project Management Data Science Degree MCA PGDM Operations Management Product Management Healthcare Technology Management Artificial Intelligence others Data Science Design Thinking Others Digital Marketing Public Policy Finance Skills you'll gain: Duration: 10 Months MIT xPRO CERT-MIT xPRO PGC in Cybersecurity Starts on undefined Get Details A division bench of the MP High Court comprising Justices Atul Sreedharan and D K Paliwali made these scathing remarks in its order passed on July 14 while setting aside the dismissal of a special court judge. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Why the Smartest Developers Are Heading to This 2026 Expo Learn More Undo Instances of the judges of the district judiciary personally attending to judges of the high court are commonplace as also the latter not offering a seat to the former, thereby "perpetuating a colonial decadence with a sense of entitlement", it said. "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 Miserables of the District Judiciary," it said. Live Events "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 feudal state of mind that still exists in the State, results in its manifestation in the judiciary also," the bench said. The fear of the district judiciary is understandable, the court said. "The relationship between District Judiciary and the High Court in the State is not based on mutual respect for each other but one where a sense of fear and inferiority is consciously instilled by one on the subconscious of the other," it said. The court said this while allowing a petition filed by Jagat Mohan Chaturvedi challenging the order of August 1, 2016 that dismissed his appeal against his termination from services as a judge of a special court (SC/ST) on October 19, 2015. As per the procedure, the call to dismiss is taken by the full court of the high court chaired by the Chief Justice. But the proposal to remove him was sent to the state government for action. The division bench quashed the order terminating the services of the petitioner and imposed a cost of Rs 5 lakh on the state government through the principal secretary Law and Legislative Department and the MP High Court Registrar General, saying that Chaturvedi had to face humiliation in society, without an iota of material coming on record to establish corruption against him. It said, "The instant case reveals a malady that cannot be addressed effectively on account of the social structure existing in the State." "It is precisely cases like this that result in a large number of bail applications pending before the High Court as also the Criminal Appeals. Experience at Bar gives this Court the wisdom to arrive at the opinion that the District Judiciary functions under the perpetual fear of the High Court," the HC said. Like this case, where the petitioner was terminated from service on account of passing bail orders in favour of the applicants, the message that goes down to the district judiciary by such acts of the high court is that acquittals recorded in major cases or bails granted by the courts below the high court, can result in adverse action against judges passing such orders, though they are judicial orders, it said. "The body language of the Judges of the District Judiciary when they greet a Judge of the High Court stops short of grovelling before the High Court Judge, making the Judges of the District Judiciary the only identifiable species of invertebrate mammals," it said. There are instances of the judges of the district judiciary personally attending to judges of the high court (as desired by them) on railway platforms and waiting on them with refreshments, are commonplace, thus perpetuating a colonial decadence with a sense of entitlement, the court added. "Judges of the District Judiciary on deputation to the registry of the High Court are almost never offered a seat by the Judges of the High Court and on a rare occasion when they are, they are hesitant to sit down before the High Court Judge," the court said. The subjugation and enslavement of the psyche of the judges of the district judiciary is complete and irreversible, so it seems. All this in the name of saving their job, for which the petitioner in this case suffered, for thinking and doing differently, the court order said. "They have families, children who go to school, parents undergoing treatment, a home to be built, savings to be accumulated, and when the High Court terminates his service abruptly on account of a judicial order passed him, he and his entire family is out on the streets with no pension and the stigma of facing a society that suspects his integrity," the court said. On account of "gross injustice" suffered by him, the HC restored his pensionary benefits and also directed that he be given back wages from the date on which he was terminated till the date he would have otherwise superannuated with seven per cent interest. The same shall be complied within a period of 90 days from the date on which this order is uploaded on the web site of the High Court Registrar General, failing which the petitioner shall be entitled to file a contempt petition against the respondents, it said.
Indian Express
4 days ago
- Politics
- Indian Express
Lower judiciary treated like ‘shudras', ‘les misérables', High Court judges like ‘savarnas': Madhya Pradesh HC quashes termination of district judge
In a scathing comment on judicial power structures, a Division Bench of the Madhya Pradesh High Court has likened the relationship between the High Court and the District Judiciary to a caste system, observing that judges in the lower judiciary are treated like 'shudras' and 'les misérables', while High Court judges function with the entitlement of 'savarnas'. The French term, 'les misérables', translates to 'the miserable ones' in English and is commonly used to refer to the poor and marginalised, as in Victor Hugo's French novel of the same name. A Division Bench of Justices Atul Sreedharan and Dinesh Kumar Paliwal made the observations on July 14 while quashing the termination of former Additional District and Sessions Judge Jagat Mohan Chaturvedi. He was dismissed in 2014 after passing divergent bail orders in cases linked to the Vyapam scam. The court said the judicial officer had suffered 'gross injustice' and ordered the restoration of his pensionary benefits. It also imposed a cost of Rs 5 lakh on the state for the 'hardships he and his family were subjected to' and 'the humiliation in society that he had to face, only on account of passing judicial orders, without an iota of material coming on record to even establish corruption even on the anvil of preponderance of probability'. Speaking on the entrenched hierarchy in the judiciary, the Bench observed, 'The relationship between District Judiciary and the High Court in the state is not based on mutual respect for each other, but one where a sense of fear and inferiority is consciously instilled by one on the subconscious of the other. 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 savarnas and the shudras are the les misérables of the District Judiciary.' Describing the dynamic between the High Court and the lower courts, the judges said, '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 body language of the Judges of the District Judiciary when they greet a Judge of the High Court stops short of grovelling before the High Court Judge, making the Judges of the District Judiciary the only identifiable species of invertebrate mammals,' they said. The Bench further added, 'Instances of the judges of the District Judiciary personally attending to Judges of the High Court (as desired by them) on railway platforms and waiting on them with refreshments, are commonplace, thus perpetuating a colonial decadence with a sense of entitlement.' Judges of the district judiciary deputed to work at the High Court registry 'are almost never offered a seat by the Judges of the High Court, and on a rare occasion when they are, they are hesitant to sit down before the High Court Judge,' the Bench said. The court also observed that the 'subjugation and enslavement of the psyche of the Judges of the District Judiciary is complete and irreversible, so it seems'. 'An overbearing High Court, ever willing to excoriate the District Judiciary for the most innocuous of its errors, ensures that District Judiciary is kept under perpetual and morbid fear of punishment,' it said. 'The fear of the District Judiciary is understandable. They have families, children who go to school, parents undergoing treatment, a home to be built, savings to be accumulated and when the High Court terminates his service abruptly…he and his entire family are out on the streets with no pension and the stigma of facing a society that suspects his integrity,' the court said. The court observed that a 'District Judiciary which is compelled to work perpetually under this fear cannot dispense justice and instead shall dispense with justice'. It added, 'All this adds up to the passive subjugation of the District Judiciary, leaving it psychologically emaciated, which ultimately reflects in their judicial work where bails are not granted in even the most deserving cases, convictions are recorded in the absence of evidence… All this in the name of saving their job, for which the Petitioner in this case suffered, for thinking and doing differently.'
