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11-Judge Bench of Patna HC stays order on corruption in judicial system by Justice Rakesh Kumar [Read Order]
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11-Judge Bench of Patna HC stays order on corruption in judicial system by Justice Rakesh Kumar [Read Order]

Aditi Singh

A 11-Judge Bench of the Patna High Court has stayed the order passed by Justice Rakesh Kumar on the state of corruption in the judicial system, ABP News has reported.

The 11-Judge Bench was constituted by Chief Justice Amreshwar Pratap Sahi after all judicial work was withdrawn from Justice Rakesh Kumar with immediate effect.

11-Judge Bench of Patna HC stays order on corruption in judicial system by Justice Rakesh Kumar [Read Order]

In his 20-page order dated August 28, Justice Rakesh Kumar had remarked that “in Patna Judgeship, things are not going in its right perspective.”

While directing that a copy of the order be sent to the Chief Justice of India, the Collegium Judges, Prime Minister Narendra Modi and the Union Law Ministry, Justice Rakesh Kumar recorded that corruption in the High Court was an “open secret”.

Justice Rakesh Kumar even passed a direction to the Central Bureau of Investigation to conduct an inquiry into an episode relating to corruption in the premises of the Patna Civil Court, as shown in news published by Republic TV.

Mincing no words with respect to the condition of the Patna High Court, Justice Kumar brought to notice four instances where allegations of corruption against judicial officers were disposed of by the High Court without any major consequence. His order states,

“An inference can be drawn that those officers were having protection from the High Court. If after noticing all those facts, only I become an expectator, certainly I can never forgive me.”

The order was passed by Justice Rakesh Kumar in an anticipatory bail plea filed by former IAS officer KP Ramaiah in connection with the multi-crore Bihar Mahadalit Vikas Mission fund scam.

During the proceedings, the Court took on record a news report published in Dainik Jagran. As per the news report, on the date that Ramaiah surrendered before the trial court, the regular Special Judge (Vigilance) went on leave. Thereafter, Ramaiah surrendered and was granted bail by the judge on the same date.

Looking at the events, Justice Ramesh Kumar opined that the manner in which Ramaiah was granted bail required a deeper probe, as it raised questions of the judiciary. He thus directed that an inquiry to be conducted by the District Judge, Patna into the circumstances surrounding the grant of bail.

Profile of Justice Rakesh Kumar
  • Education B. Com (Hons.), LLB
  • Date of Birth: January 1, 1959
  • He was enrolled as an Advocate on 8th March, 1983
  • Standing Counsel (C.B.I) for about 12 years
  • He was appointed as an additional Judge of the Patna High Court on December 25, 2009, and Permanent Judge on October 24, 2011
  • He will retire as High Court Judge on December 1, 2020, unless elevated to the Supreme Court of India

Read Order:

Patna-HC-11-Judge-Order.pdf
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