Tuesday, March 19, 2013

SC exonerated ex-Chief Judicial Magistrate with a Direction to State of Gujarat to pay a cost of Rs. 5 Lacs in 3 months

Recently the Hon'ble Supreme Court of India has set aside the order of punishment imposed by the Gujarat High Court in compulsorily retiring the ex-Chief Judicial Magistrate of Ahmedabad (Rural) Ms. Nirmala J. Jhala, the appellant and has exonerated her honourably of all the charges of alleged corruption, has directed State of Gujarat to pay the costs, which is quantified to the tune of Rs.5 lacs to the appellant within a period of 3 months, while adjudicating a well discussed Civil Appeal No. 2668 of 2005, with several strictures against state of Gujarat. The Hon'ble Apex Court has also re-invited the attention to the Duty of Higher Judiciary to protect subordinate judicial officers and cautiously observed therein that "The subordinate judiciary works in the supervision of the High Court and it faces problems at the hands of unscrupulous litigants and lawyers, and for them "Judge bashing"becomes a favourable pastime. In case the High Court does not protect the honest judicial officers, the survivor of the judicial system would itself be in danger". The Appellant Ms Nirmala Jhala was charged and punished for demanding bribes in respect of CBI Case No.5 of 1991 against Gautam Ghanshyam Jani for the offence of misappropriation and embezzlement of public money.

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