Sunday, December 21, 2025

Ungrateful male judges seem anguished by conduct of Justice Meenakshi Madan Rai, the current Acting Chief Justice, Sikkim High Court

Justice Meenakshi Madan Rai, the current acting chief justice of Sikkim High Court is going to retire in July 2026. She was under consideration for appointment as a full-time chief justice of the same court. 

Under the memorandum of procedure which governs appointments and transfers in the constitutional courts, a judge with less than a year left before retirement may be appointed chief justice of their parent high court, whereas all other such appointments are required to be made from outside. 

The crisis in the Sikkim High Court seem to be linked to a formal complaint from the court’s registrar general and an intervention sought by then chief justice Biswanath Somadder from Chief Justice of India (CJI) Surya Kant. 

Supreme Court collegium’s December 18 decision has bypassed justice Meenakshi Madan Rai, the senior-most judge of the High Court. It has recommended Justice A Muhamed Mustaque of the Kerala high court as chief justice of the state. 

Hours before his retirement on December 14, 2025, Justice Somadder reportedly wrote to the CJI on December 13, 2025, a day after the registrar general of the high court, Prajwal Khatiwada, complained of being “humiliated and mistreated” by justice Rai in her chambers. The letter was sent on justice Somadder’s penultimate working day, 

Khatiwada was transferred out of the high court registry and posted as a district and sessions judge by an administrative order dated December 15, the day Justice Rai assumed charge as acting chief justice. The transfer took place after Khatiwada’s complaint dated  December 12, 2025.

After she took charge as acting chief justice on December 15, 2025 it was reported that she ordered withdrawal of security and official facilities, including his vehicles, drivers and residential staff, extended to Justice Somadder who informed the CJI about the registrar general’s complaint dated December 12, 2025.

The registrar general’s complaint recounted that he was summoned to justice Rai’s chambers on December 12, 2025 in connection with arrangements for the full court farewell reference marking Justice Somadder’s superannuation. 

Justice Somadder had also sent confidential communications to the office of the CJI in November 2022,to CJI Dr. DY Chandrachud, and to former CJI BR Gavai in May 2025 copied to Justice Surya Kant. Reportedly, Justice Somadder complained against CJI Chandrachud because he gave no response to him. 

Born to Late Madan Mohan Rasaily, former Home Secretary, Government of Sikkim and Mrs. Rabi Mala Rasaily (nee Moktan), former Teacher, Baha'i School, Gangtok, East Sikkim on July 12,1964, Justice Rai began her schooling at Tathangchen School, Gangtok, where, after completing her “Infants Class”, she joined Dowhill School at Kurseong, West Bengal as a boarder in the year 1970, from where she completed her Class X in the year 1980. In 1981, she entered Tashi Namgyal Academy, Gangtok and completed her Class XII in March, 1983. She pursued Political Science (Honours) in Lady Shriram College, Delhi University, on a Merit Scholarship from the Government of Sikkim, which she completed in 1986 and proceeded to join the Campus Law Centre, Delhi University, from where she did her three year LLB course till 1989. She was enrolled in the Bar Association of Delhi in the year 1990 and worked in the Delhi High Court and Supreme Court of India under an Advocate on Record.

She was appointed as Judicial Magistrate 1st Class –cum- Civil Judge (East) District at Gangtok, Sikkim on 11.12.1990 in the cadre of Sikkim Judicial Service, being the first lady from Sikkim to be appointed to the said post. She was promoted to the post of Chief Judicial Magistrate-cum-Civil Judge (East & North) Districts of Sikkim at Gangtok on 20.04.2000, which post she continued to hold till 01.08.2004. On 02.08.2004, she was promoted as District & Sessions Judge (Special Division-II) at Gangtok in the cadre of the Sikkim Superior Judicial Service and subsequently, on 23.11.2004 transferred and posted as Registrar, High Court of Sikkim. On 26.10.2006, she was posted as Registrar General, High Court of Sikkim.

While posted as Registrar and Registrar General, she held additional charge of :

(a) District & Sessions Judge (Special Division-I)

(b) Judge, Family Court of Sikkim

(c) Secretary, High Court Legal Services Committee

(d) Member Secretary, Sikkim State Legal Services Authority

(e) Central Project Coordinator (e-Committee)

On 27.10.2008, she was transferred and posted as District & Sessions Judge (East & North) Sikkim at Gangtok till 14.04.2009, where she held additional charge of District & Sessions Judge (Special Division-I) at Gangtok and various assignments under Special Acts during her said posting, as follows:-

(a)Special Judge, NDPS Act, 1985 and Special Judge, Sikkim Anti-drugs Act, 2006 for East and North Sikkim.

(b)Special Judge, Prevention of Corruption Act, 1988.

(c)Single Member, MACT for East and North Sikkim.

(d)Judge, Family Court for the whole of Sikkim.

(e)Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(f)President, District Consumer Disputes Redressal Forum (East & North) Districts of Sikkim.

(g)Member Secretary, Sikkim State Legal Services Authority

(h)Secretary, High Court Legal Services Committee

She was transferred back as Registrar General, High Court of Sikkim on 09.04.2009 and joined the post on 15.04.2009. She held additional charge of Member Secretary, Sikkim State Legal Services Authority from January 2005 till January 2010. She was Secretary, High Court Legal Services Committee from 28.03.2007 till 27.03.2009.

On 30.06.2010 she was transferred and posted as District and Sessions Judge, South & West Sikkim at Namchi till 15.07.2012 and held various assignments under Special Acts during her said posting, as follows:-

(a)Special Judge, NDPS Act, 1985 and Special Judge, Sikkim Anti-drugs Act, 2006 for South & West Sikkim.

(b)Special Judge, Prevention of Corruption Act, 1988 for South & West Sikkim.

(c)Single Member, MACT for South & West Sikkim.

(d)Judge, Family Court for South & West Sikkim.

(e)Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for South and West Sikkim.

(f)President, District Consumer Disputes Redressal Forum (South & West) Districts of Sikkim.

(g)Chairperson, District Legal Services Authority, South & West Sikkim

On 16.07.2012, she was transferred and posted as District & Sessions Judge (East & North) Districts of Sikkim at Gangtok and held additional charge of District & Sessions Judge (Special Division-I) at Gangtok and various assignments as before.

On 29.07.2013, she was designated as Principal District & Sessions (East) District at Gangtok. She was elevated as Judge, High Court of Sikkim on 15.04.2015, being the first lady from Sikkim to be elevated to the post and assumed charge of the Office of the Judge, High Court of Sikkim in the forenoon of the same date.

Her Ladyship presently holds the following assignment;

1. Executive Chairperson, Sikkim State Legal Services Authority since December 11, 2015.

Appointed as Acting Chief Justice w.e.f. 01.07.2018 to 29.10.2018

                                                                17.09.2019 to 14.10.2019

                                                                15.07.2020 to 06.08.2020

                                                                01.09.2021 to 11.10.2021

                                                                15.12.2025 till date

Is it fair to imply that Justice Rai did not have the right to reshuffle the high court registry, especially Khatiwada and district judiciary after assuming charge as acting chief justice on December 15? 

Is it a case of collaboration between patriarchy and male ego against a woman judge? 

The current Registrar General is Karma Wangchuk Bhutia. 

Can it be said that Khatiwada is better than Bhutia? 

Unlike male judges, Justice Rai mentions her mother Rabi Mala Rasaily (nee Moktan), former Teacher, Baha'i School, Gangtok, East Sikkim in her profile. 

None of male judges deem fit to remember their mothers in their profile. Why are they ungrateful towards their own mothers? 



2 comments:

Anonymous said...

It is not about male ego. It is the way things have unturned out to be

Anonymous said...

She is a good Judge