Patna High Court - Orders
Raju Kumar @ Raju Kumar Singh vs The State Of Bihar on 26 February, 2020
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13783 of 2020
Arising Out of PS. Case No.-23 Year-2018 Thana- DALSINGHSARAI District- Samastipur
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Raju Kumar @ Raju Kumar Singh, Son of Ramashray Ray, R/O Ward No. 3,
Papraur, P.S.- Barauni, District - Begusarai. At present R/O Village - Sahpur
Pagra, P.S.- Dalsingh Sarai, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.Ii, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 26-02-2020Learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application.
Permission is granted.
The anticipatory bail application stands dismissed as withdrawn.
(Prabhat Kumar Singh, J) Ankit/-
U T Patna High Court CR. MISC. No.13783 of 2020(2) dt.26-02-2020 2/5 Patna High Court CR. MISC. No.13783 of 2020(2) dt.26-02-2020 3/5 Farewell Reference Speech: Hon'ble Justice Anjana Mishra Hon'ble the Cheif Justice and my Brother colleagues at the Bench, Shri Yogesh Chandra Verma, President, Advocates Association, Shri Ajay Thakur, President, Lawyers Association, Shri Sanjay Singh, President, Bar Association, Shri A.K. Verma learned Additional Advocate General of Bihar, Shri S.D. Sanjay learned Additional Solicitor General, Revered Senior Advocates of this High Court, My friends at the Bar, And also the members of the Registry of the Patna High Court.
1. It is matter of great pride and appreciation that I am here with you all on the last working day of my demitting office as a part of the Bench of this High Court, and also making an exit from the sacred precincts of this noble temple of Justice.
2. My career in this High Court started way back in the year 1986, and I also belong to the illustrious batch of lawyers who received their enrolment certificate on an auspicious date: 05.09.1986. It is a special pleasure for me to be a part of that group because most of us graduated from the University together and we came in at a time which proved to be extremely auspicious for us.
3. I must tell you that I came into the profession out of my own volition and I had nurtured this wish, as a child. I had seen my father work late night preparing his briefs and we thus duly fascinated by the profession. As a child, I used to clamber onto his chair and tie his advocates band around my nech and over my frock, and pretend to read the pages of the All India Reports, lying on top of his table, and I guess that was the first day I got a sniff of the law.
4. I passed my Senior Cambridge O Level Examination from St. Joseph's Convent Patna, where I inculcated the principles of honesty, integrity, and good behaviour. I graduated with Honour in English from the prestigious Patna Women's College, and obtained my Masters degree from the Patna University. I finally ventrued into the Patna Law College, where I acquired the necessary qualifictions to be able to steop into the hallowed corridors of this Court.
5. I had an added advantage in this profession as my parents were both practicing Advocates of this Court. My father had been conciously guiding me all through my legal education by helping and encouraging me to do some drafting alongside, even when I was a student. He also taught me the basic principles of jurisprudence, and the finesse with which he drafted enabled me to discern between wwhat is to be incorporated while presenting a brief before the Court.
6. I ventured to draft, file, and argue my first case within a period of a fortnight of my enrolment and happily, I came out successful from the court of no less a legal giant than the Late Hon'ble Justice S K Jha, who was sitting in division alongside the Late Hon'ble Justice A K Sinha. At this juncture, I would also fondly like to remember another legal veteran, Late Chaudhary Nawal Kishore Prasad, an Advocate of this Court, who encouraged me to appear in cases all by myself, and it was with his encouragement also that I gained confidence in presenting matters before the Bench.
7. With the advent of the 90s, I received a rude shock with the passing away of both my parents in quick succession, which felt like the ground slipping from under my feet. I had half a mind of leaving the profession and walking away as I was missing my parents badly. However, there came such a strong support in my life in the shape of a very pious gentlemen, who was a leading practitioner of this Court, Late Shri J P Shukla. He quietly and firmly streered my back on track, and brought me back into the corridors of this Court by making me so busy with work that I could think of nothing but the law. After this, there was no coming back, and I surged ahead.
8. Throughout my career as a woman member of the Bar, I strongly felt that the cause of women lawyers should be given an impetus so that women who venture into this field should not merely be made to loiter in the corridors without any work at hand. There were some women who worked with Seniors, but their utility did not seem to be towards active practice but merely running around seeking adjournments. Therefore, I probed into avenues to help them expose the repository of legal knowledge and skill through making available for them opportunities to present briefs before the Court. The cause of Assistant Public Prosecutors had been taken up by the State of Bihar, and circular had been issued wherein it had indicated Patna High Court CR. MISC. No.13783 of 2020(2) dt.26-02-2020 4/5 that in every district there should be women public prosecutors. Nevertheless, its implementation remained a far cry, and for a couple of years it was not implemented. A pubic spirited person pointed out the same to me by filing a PIL before this Court, in which ultimately I was arraigned as the lead Petitioner. Directions were issued by a Division Bench of this Court for the implementation of the aforesaid circular. This case finds itself reported in the PLJR, under the name of Anjana Mishra vs. State of Bihar 2006 (3) PLJR 15. As a consequence of this, women found themselves a place as A.P.Ps in all the districts of the State of Bihar as well as in the High Court. They were also soon placed as Assistant Counsels to the Standing Counsels. This achievement gives me tremendous satisfaction as having espoused the cause of women.
9. I have always been concious that the education that I had the privilege of receiving, should play a part in the social upliftment of those who were deprived of the same privilege. As such, I always made an effort to take up as many cases pro-bono as I could, and as a consequence thereof, I ended up representing individuals from the most marginalised sections of society. My interaction with them invoked in me an empathy and understanding of their situations, and I have attempted to therefore adopt a humanistic approach, even when I sat on the Bench.
10. Not many of you may know this, partly because I don't usually talk of this, but issues surrounding gender discrimination and human rights, are close to my heart. When I was a lawyer, I had the good fortune of being able to work hand in hand with an organization of interational repute that worked against human trafficking, and I am happy to say that we managed to sue the expansive powers of the Court to achieve some fantastic results that ensured that rescued women and girls are not re-trafficked. We wanted to make sure that the provisions of law that protect women from such abuse, are strictly implemented.
11. Having spent nearly 28 years at the Bar, Judgeship was conferred upon me, and I joined the Bench in May, 2014. While on the Bench, I took keen interest in writing judgements which were based on sound law. I tried to appreciate the facts of the case, in light of the legal proposition before me. On the Bench, I was always conscious that I should not be in a hurry to reach conclusions without hearing the parties, to the satisfaction of the Bar. This enabled me to establish a good rapport with the Bar, and also simultaneously maintain a dignity that is becoming of a Judge. A good legal sense, coupled with comprehensive study of the subject matter, is how I thought I would be able to discharge the great responsibility put upon me. I was constantly reminding of Justicia, Goddess of Justice, who was dep.... as blindfold which represents impartiality, the idea that justice should be applied without regard to wea power or other status.
12. It has always been my belief that the Bar and the Bench should function, keeping in mind the idea that is embodied in the latin maxim: FIAT JUSTITIA RUAT CAELUM, which means, LET JUSTICE BE DONE, THOUGH THE HEAVENS MAY FALL. And this has been my constant endeavour. I hope that during my tenure as a Judge of this Court, I have been able to act in a just mannter, which moved the cause of Justice towards its realisation.
13. As I make my departure from the Bench, it will not be amiss for me to say that I have received boundless love and affection from the Bar of this High Court. Advocates have always been extremely cooperative with my Court, and for this I extend my gratitude. It is always the case that a Court can function smoothly and in furtherance of the great cause of Justice when the Bar and Bench work in harmony.
14. I may also like to speak of the camaraderie that my brothers on the Bench have shared with me. Since the pressures of the post are rather high, and the hours sometimes unduly unending, such camaraderie goes a long way in keeping the spirit alight enough to keep going. Small instances of humour and surprise cups of tea together is what makes the experience of being on the Bench truly delightful. I shall take the liberty to say that my brothers on the bench enjoyed having a sister along. Alas! that is not to be for some time now.
15. Having received immense love and affection from both the Bar and my colleagues on the Bench, I deem it necessary to acknowledge their pivotal role in my short but memorable tenure. Thanks to you all for your cooperation and happy companionship.
16. I would also like to extend a few words of gratitude to the members of the Registery who have always been alert and cooperative and have performed their duties with perfection.
17. I am also all praise for my secretarial staff who have been with me since 2014, and have now become my extended family. My jemadar Dineshji has also done a wonderful job in assisting me all through my tenure.
Patna High Court CR. MISC. No.13783 of 2020(2) dt.26-02-2020 5/5
18. Nevertheless, we move on. And I take with me smiles and affection, and a very many good memories. Now I take leave from you, but hopefully not from your heart, and let you be with these words by T S Elliot:
"What we call the beginning is often the end. And to make an end is to make a beginning. The end is where we start from."
19. Good Bye. Jai Hind.