Judicial officers not above law; must face consequences for dereliction of duty: Kerala High Court

The Kerala High Court recently made it clear that if there is any dereliction of duty on the part of judicial officers, constitutional courts must step in and address the situation so as to strengthen the faith of the people in the judiciary [Mohammed Nazeer MP & Ors. v Union Territory of Lakshadweep & Ors.]..Justice PV Kunnikrishnan underscored that the law of the land is equal for everyone, be it a magistrate or a judge.“Even if a person is occupying the post of magistrate or judge, the law of the land is applicable to all. If there is any dereliction of duty, the constitutional courts should step in to strengthen the trust of the people in the judiciary. The magistrate, Judges and other presiding officers are not above the law and if they commit any dereliction of duty, they have to face the consequences," the judgment stated..He further said that judicial officers need not respond to the criticisms against them, but instead, should concentrate on their commitment to the judicial system and prove their integrity.“The immense faith of the citizens of this country in the Indian Judiciary itself is the backbone of our judicial system. So, the judicial officers should be above board. But of course, there may be criticism against judicial officers and that is only because of the immense faith of the people in this system. Fair criticisms will undoubtedly improve the system. The judicial officers, however, need not respond to those criticisms, but they should concentrate on their commitment to the system and prove their integrity and fair play while decision-making," the court said..Even if a person is occupying the post of magistrate or judge, the law of the land is applicable to all.Kerala High Court.Quoting Marcus Tullius, Justice Kunhikrishnan observed the pen of a judicial officer is a powerful tool and, therefore, it must be used cautiously and impartially."The pen of a judicial officer is powerful, but it should be used with great caution, of course without fear and favor. The famous Roman statesman, lawyer, scholar, and philosopher, Marcus Tullius observed, “The magistrates are the ministers for the laws, the judges their interpreters, the rest of us are servants of the law...," the judgment said..The pen of a judicial officer is powerful, but it should be used with great caution, of course without fear and favor.Kerala High Court.The Court made the observation while considering a plea moved by several persons against K Cheriyakoya, a former sub-judge/ chief judicial magistrate at Lakshadweep, alleging that while he was presiding as a magistrate, he manipulated the statement of the investigation officer in a 2015 case in which the petitioners were involved.After going through the facts of the case and allegations made against the former magistrate, the Court passed ‘extraordinary’ orders to place the magistrate under suspension pending enquiry so as to ensure that he doesn’t try to influence the witness or intrude into the documents. The Court said that the possibility of him tampering with evidence could not ruled out since he was still working as the Secretary of the District Legal Services Authority“It is true that whether a person is to be placed under suspension pending enquiry is to be decided by the Disciplinary Authority. But in extraordinary situations, extraordinary orders are necessary to protect the interest of justice. .... Therefore, I am directing the Administrator to place the 3rd respondent under suspension pending enquiry. Such a direction is necessary to protect the faith of the public in the system....This should be a lesson to all,” the judgment stated..The petitioners were represented by advocate Lal K Joseph and Cheriyakoya by advocate P Sanjay.Standing Counsel Sajith Kumar V appeared for the Union Territory of Lakshadweep..[Read Judgment]