Patna: The Chief Justice of Patna High Court, A P Shahi, on Wednesday took strong action against the most senior fellow judge, Rakesh Kumar, and divested him of judicial powers with immediate effect and suspended the judgement given by him on Tuesday in a corruption case involving an IAS officer.
According to an order issued by Chief Justice on Thursay, the full bench of the Patna High Court which met on Thursday decided to suspend the orders of Justice Rakesh kumar in Cr Misc 4117/2018. His orders have degraded the dignity and prestige of judiciary".
Full bench comprising 11 judges held an emergency court on Wednesday morning and decided to suspend the operation of the judgement and withdraw all judicial powers of Justice Rakesh Kumar.
Justice Rakesh kumar in his judgement had alleged the Patna High Court to which he was a member of the Bench since 2009, ignored complaints of corruption cases against subordinate judiciary and no action nor FIR was filed against the employees of Patna Civil Court who were caught on camera accepting money from the litigants.
An additional district Judge who should have been sacked,was given minor punishment by the High Court,he said in his order. He asked the CBI to investigate corruption cases in the subordinate judiciary.
The additional district judge(in charge) had granted anticipatory bail to K P Ramiah,an IAS officer who was involved in multi crores scam in Mahadalit Mission.His bail plea was earlier rejected by Patna High Court and Supreme Court too,but the subordinate court granted him bail.Justice Rakesh Kumar observed the officer who was charged with siophoninh huge amount meant for welfare of the members of suppressed society was granted bail by a judge who was acting on behalf of the regular judge who was on leave for a day."It was a well calculated plan",he said and asked the CBI to probe the conduct the judge in granti8ng bails in last six months.
He also said the High Court judges gave protection to the corrupt members of lower judiciary."In Patna judgeship ,things are not going in its rightr perspective.
"I was shocked ,perturbed and very agitated:,he said in the judgement.
Justice Rakesh Kumar regrettedy the Judges in High Court were more interested in buttressing the chief justice to seek his favours by pleading for nomination of judges on caste lines and promoting their children who were practising in the High Court.Son of a sitting judge started teaching in Judicial Academy,though he was a fresh law graduate,according to the observations made by Justice in his 17 pages order.
He also regretted the Judges were more interested in their [personal welfare than the court matter,One of the judges spent over Rs one crores on furnishing his bungalow given by the state government.
He also recalled wife of a senior Judge of Allahabad High court was made a member of Rajya Sabha from BIhar by then RJD government during the trial of the fodder scam.yhe the Allahabad High Court during Fodder Scam period had got his wife nominated, as Rajya Sabha Member. This was not the end. Again, there was a Judge from Allahabad High Court, who granted bail to an accused, whose record of bail petition was lying in the Chamber of Hon'ble Mr. Justice Akhilesh Chandra (as he then was), who was hearing his bail petition.”,Justice Rakesh Kumar said.
Justice Rakesh Kumar was the lawyer of CBI in the fodder scam.Popularly known as Suishil in his friends circle,Justice Rakesh Kumar has no family background with legal professions.His father was a government servant in Patna Secretariat.In the judicial circles here,he is recognised as an honest judge who avoided attending wedding receptions of children of his friends also .
Justice Rakesh Kumar did not