Himachal Pradesh High Court
State Of H.P. vs Kehar Singh And Another on 14 November, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
State of H.P. vs Kehar Singh and another .
Cr.A. No. 446 of 2016 14.11.2022: Present: Mr. Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs and Mr. Bhupender Thakur, Dy.
A.G. for the appellant.
Mr. Dhananjay Sharma, Advocate for the respondents.
order:
r to On 2.11.2022, this Court passed the following "On 28.09.2022, this Court passed the following order:-
"Since the trial against one of the accused has now commenced, registry is directed to send the record of the case forthwith to the learned trial court and it is expected that the case is decided as early as possible and in no event later than 31.12.2022."
The Registry has now received letter from the learned Additional District and Sessions Judge-I, Shimla for sending the records to the Court of learned District and Sessions Judge (Forest) circuit Court at Rohru. No reasons whatsoever have been given in the said letter as to why the case is required to be transferred, rather the records reveal that the case was in fact tried by learned Additional District and Sessions Judge-I, Shimla camp at Rohru and the Registry of this Court has rightly sent the records to the said Court.
Any how, before passing any further order, we deem it appropriate to afford an opportunity to the learned Additional District and Sessions Judge-I, Shimla to assign the reasons as to why the records of this case are required to be transferred to ::: Downloaded on - 15/11/2022 20:32:59 :::CIS the Court of learned District and Sessions Judge (Forest). Such explanation should reach this Court .
within a week.
List on 9th November, 2022. The Registry is directed to send a copy of this order forthwith through fax or e-mail to the concerned Judicial Officer."
2. Thereafter when the case came up for consideration following order:
r on
9.11.2022, this Court passed the
"It appears that the learned Additional District and
Sessions Judge-I, Shimla, was exempted from holding circuit Court at Rohru vide Notification dated 09.01.2019. What led to the said decision be placed for our perusal by the Registrar General on the next date of hearing List on 14.11.2022."
3. In compliance to the aforesaid order, the Registrar General has furnished his comments, which read as under:
"Submitted that Cr. Appeal No.446 of 2016 was listed before the Hon'ble Court on 9.11.2022, when the following order has been passed:-
"It appears that the learned Additional District and Sessions Judge-I, Shimla was exempted from holding Circuit Court at Rohru vide notification dated 9.1.2019. What led to the said decision be placed for our perusal by the Registrar General on the next date of hearing."
In this context, it is submitted that vide request letter dated 29.12.2018 (flag-A), Smt. Jyotsna Sumant Dadhwal the then Additional District and Sessions Judge-I, Shimla had requested for cancellation of her transfer from Dharamshala to Shimla on the ground that her children were pursuing studies at Dharamshala and not in a position to leave her children alone during one week circuit at Rohru, as her husband was ::: Downloaded on - 15/11/2022 20:32:59 :::CIS posted at Srinagar at that time. Accordingly, her request was considered by the Hon'ble Full Court in its meeting held on .
3.1.2019 and resolved to exempt her, Additional District and Sessions Judge-I, Shimla from holding Circuit Court at Rohru and District and Sessions Judge (Forest), Shimla was directed to hold Circuit Court there. As such notification dated 9.1.2019 (flag-C) was issued.
The Court Master of the Hon'ble Court is requested to place the above submissions before the Hon'ble Court at the time of hearing of the matter."
4.r It would be noticed that the exemption from holding Circuit Courts at Rohru was granted to a particular Officer, i.e. Ms. Jyotsna Sumant Dadhwal, the then Additional District and Sessions Judge, Shimla after taking into consideration her individual hardships. This Officer, i.e. Ms. Jyotsna Sumant Dadhwal was thereafter appointed/promoted as a District and district Judge and transferred to the office of Lokayukta and in such circumstances, the order granting exemption to the Additional District Judge-I, Shimla ought to have been reviewed/revoked. But this was not done and the notification still continues to be in vogue.
5. We are of the considered view that the matter is required to be placed before Hon'ble the Chief Justice as it is desirable that henceforth accommodation granted to an individual or particular officer(s) after taking into consideration his/her individual hardship need to be notified by name of individual rather than by referring to ::: Downloaded on - 15/11/2022 20:32:59 :::CIS the designation, as has happened in the instant case and .
the net result is that the incumbent Additional District and Sessions Judge continues to be exempted from holding Circuit Court for no justifiable reasons whatsoever.
Therefore, the Registrar General is directed to place this matter before Hon'ble the Chief Justice for appropriate orders.
(Tarlok Singh Chauhan), Judge.
(Virender Singh), Judge.
14.11.2022 *awasthi* ::: Downloaded on - 15/11/2022 20:32:59 :::CIS