Monday, March 3, 2025

Supreme Court's website does not mention names of Patna High Court Judges whose order of 2013 has been set aside and quashed by Supreme Court

Supreme Court's asks Patna High Court to hear the criminal appeal (DB) of 2013 on March 24, 2025

Anonymising name of judges whose judgement has been found unjust is indefensible. Unjust judgement is no judgement. Unjust law is no law. Unjust judge is not a judge. 

In Sanjay Kumar vs. The State of Bihar (2025), on February 27, 2025, the Division Bench of Supreme Court comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar heard Criminal Appeal No. 1398 of 2015 and observed:"As we are inclined to pass an order of remand in the present case, we are not inclined to delve deeper into the matter. We, accordingly, set aside and quash the impugned order dated 03.07.2013 passed by the High Court, dismissing the appeal preferred by the appellant/informant/complainant, Sanjay Kumar, in limine. Criminal Appeal (DB) No. 573/2013 shall, accordingly, stand revived on the file of the High Court to its original number." 

On January 9, 2025, Supreme Court's office report had recorded that "Original Record from the High Court as well as from the Trial Court have been received."

On January 30, 2025, Supreme Court's office report had recorded that when the matter was "listed before the Hon’ble Court on 09.01.2025, when the Hon’ble Court was pleased to pass the following order:-“When the appeal was called, none appeared on behalf of respondent No. 5. As there is no appearance on behalf of respondent No.5, we request the Supreme Court Legal Services Committee to appoint an Amicus Curiae to appear for respondent No.5. E-copies of the Trial Court records may be obtained by the learned counsel for the parties from the Registry of this Court after five days.... ” It also records that pursuant to the order, Supreme Court Legal Services Committee has appointed Mr. Sunil Kumar Verma, Advocate as Amicus Curiae to appear for respondent No. 5 and accordingly his name has been updated in ICMIS....Original Record from the High Court as well as from the Trial Court have been received and counsel for the parties have been requested to collect the scanned copy of original records." Meghnath Koiri is respondent No. 5. 

Notay, Supreme Court's website does not mention the names of the Patna High Court judges whose order dated July 3, 2013 has been set aside and quashed by the Division Bench of the Supreme Court. The Crime No. is 381 of 1984.

The 4-page long order reads: "The High Court will issue notice in the appeal and decide the same on merits and in accordance with law. The High Court shall independently examine the material and the evidence on record and form its own opinion, while deciding the appeal. To cut short the delay, parties are directed to appear before the High Court in the aforesaid appeal on 24.03.2025. As it is an old matter, the appeal may be heard and decided by the High Court as expeditiously as possible.... The original records of the Trial Court/High Court shall be sent back immediately."

The case was filed in the Supreme Court on October 1, 2013. It was registered on October 17, 2015. Besides the State of Bihar Through Home Secretary, the other four respondents were:Ramji Sah, Awadh Bihari Singh@Bihari Singh, Shyam Sundar Giri and Meghnath Koiri. It was listed on seven occasions during  December 2018-February 2025. Notably, in the related case Special Leave to Appeal (Crl) No(s).9364/2013 notice was issued on November 25, 2013.


No comments: