SC CRITICIZES EX-MADRAS HC JUDGE FOR 5-MONTH DELAY IN CASE REPORT POST-RETIREMENT
Category: Legal News
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The Supreme Court observed that Justice Mathivanan had passed a one-line order in a criminal case when he was appointed, but released a 114-page judgment only after 5 months of his retirement.
The Supreme Court bench comprising Justices Abhay S. Oka and Ujjal Bhuyan was looking into a complaint by the Central Bureau of Investigation (CBI) against Justice Mathivanan’s orders. The judge had first of all quashed a chargesheet against Chennai businessman Naresh Prasad Agarwal in a ₹113 crore fraud case and had also discharged Agarwal’s son N. Ganesh Agarwal from the case on April 17, 2017. But the CBI argued that the detailed judgment was made available only on October 23, 2017, long after the judge retired on May 26, 2017.
The Court was shocked by the delay. The specific judgment should have been given within the three week period between the passing of the one-line order and the judge’s retirement. The Court said the five-month delay in giving the judgment is an impropriety.
"Keeping the case record for so long after retirement is indefensible," observed Justice Oka. The Court set aside Justice Mathivanan’s orders and remanded the case back to the High Court.
The Court quoted Lord Hewart’s famous dictum, "Justice should not only be done but should also be seen to be done", pointing out that the delay in giving the judgment violated this principle.
In a related development in July 2018, Justice G. Jayachandran of the Madras High Court had ordered a CBI inquiry into complaints of multiple case files going missing from Justice Mathivanan’s residence. Justice Jayachandran described the missing case records as vessels disappearing into the Bermuda Triangle, emphasizing the need for a thorough investigation.
Reconstructing the data may be one solution, but 100+ case files going missing from a retired judge’s house requires investigation.
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WRITTEN BY: JAMILA DALA
GUIDED BY: ADVOCATE ANIK
