Caste, feudal system still reflect in MP judiciary, district judges treated as shudras: HC

In a strongly-worded order, the Madhya Pradesh High Court has deplored the "caste system" and the "feudal mindset" reflected in the judicial structure in the state, where those in the high court are considered as savarn (privileged castes), and district judges as "shudras" and "les misérables".

It also likened the relationship between the judges of the high court and those of the district courts to that of "feudal lord and serf", adding that a sense of fear and inferiority is consciously instilled by one in the subconscious of the other.

A division bench of the MP High Court comprising Justices Atul Sreedharan and D.K. Paliwali made the scathing remarks in its order passed on 14 July while setting aside the dismissal of a special court judge.

Instances of judges of the district judiciary personally attending to judges of the high court are commonplace as also the latter not offering a seat to the former, thereby "perpetuating a colonial decadence with a sense of entitlement", it said.

"At a subliminal level, the penumbra of the caste system manifests in the judicial structure in this state where those in the High Court are the savarn and the shudras are the les Misérables of the District Judiciary," it said.

"The dismal relationship between the judges of the High Court and the judges of the District Judiciary is one between a feudal lord and serf. The feudal state of mind that still exists in the State, results in its manifestation in the judiciary also," the bench said.

The fear of the district judiciary is understandable, the court said. "The relationship between District Judiciary and the High Court in the State is not based on mutual respect for each other but one where a sense of fear and inferiority is consciously instilled by one on the subconscious of the other," it said.

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The court said this while allowing a petition filed by Jagat Mohan Chaturvedi challenging the order of 1 August 2016 that dismissed his appeal against his termination from service as a judge of a special court (SC/ST) on 19 October 2015. As per procedure, the call to dismiss is taken by a full court of the high court chaired by the chief justice. But the proposal to remove him was sent to the state government for action.

The division bench quashed the order terminating the services of the petitioner and imposed a cost of Rs 5 lakh on the state government through the principal secretary, law and legislative department and the MP High Court registrar-general, saying Chaturvedi had to face humiliation in society, without an iota of material coming on record to establish corruption against him.

It said, "The instant case reveals a malady that cannot be addressed effectively on account of the social structure existing in the State.

"It is precisely cases like this that result in a large number of bail applications pending before the High Court as also the Criminal Appeals. Experience at Bar gives this Court the wisdom to arrive at the opinion that the District Judiciary functions under the perpetual fear of the High Court."

Like this case, where the petitioner was terminated from service on account of passing bail orders in favour of the applicants, the message that goes down to the district judiciary by such acts of the high court is that acquittals recorded in major cases or bails granted by the courts below the high court, can result in adverse action against judges passing such orders, though they are judicial orders, it said.

"The body language of the Judges of the District Judiciary when they greet a Judge of the High Court stops short of grovelling before the High Court Judge, making the Judges of the District Judiciary the only identifiable species of invertebrate mammals," it said.

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Instances of judges of the district judiciary personally attending to judges of the high court (as desired by them) on railway platforms and waiting on them with refreshments, are commonplace, thus perpetuating a colonial decadence with a sense of entitlement, the court added.

"Judges of the District Judiciary on deputation to the registry of the High Court are almost never offered a seat by the Judges of the High Court and on a rare occasion when they are, they are hesitant to sit down before the High Court Judge," the court said.

The subjugation and enslavement of the psyche of the judges of the district judiciary is complete and irreversible, so it seems. All this in the name of saving their job, for which the petitioner in this case suffered, for thinking and doing differently, the court order said.

"They have families, children who go to school, parents undergoing treatment, a home to be built, savings to be accumulated, and when the High Court terminates his service abruptly on account of a judicial order passed by him, he and his entire family is out on the streets with no pension and the stigma of facing a society that suspects his integrity," the court said.

On account of "gross injustice" suffered by him, the HC restored his pensionary benefits and also directed that he be given back wages from the date on which he was terminated till the date he would have otherwise superannuated with seven per cent interest.

The same shall be complied within a period of 90 days from the date on which this order is uploaded on the website of the MP High Court registrar-general, failing which the petitioner shall be entitled to file a contempt petition against the respondents, it said.