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In his letter, Chief Justice of India D. Y. Chandrachod expressed his displeasure with the judge’s demand for an explanation from the railway authorities. (pti/file)
CJI DY Chandrachud’s letter to Chief Justices of all High Courts was prompted by a recent incident in which a Allahabad High Court judge sought clarification from railway officials for allegedly failing to meet his requirements while on a train journey from Delhi to Prayagraj
Chief Justice D. Y. Chandrachod said in a letter to the Chief Justices of all the High Courts, that protocol facilities available to judges should not be used in such a way as to cause inconvenience to others or bring public criticism to the judiciary.
The impetus for CJI’s letter was a recent incident in which a Allahabad High Court judge called for clarification from railway officials for allegedly failing to meet his requirements during a train journey from Delhi to Prayagraj.
Subsequently, the Registrar (Protocol) of Allahabad High Court sent a letter to the Director General of North Central Railway, Prayagraj, asking for an explanation of the matter.
In its letter, the ICC expressed its dismay that the judge was seeking an explanation from the railway authorities.
“A letter dated 14 July 2023 from the Registrar in Charge of the Protocol Department of one of our High Courts has been brought to my attention to the General Manager of the Provincial Railway Corporation. The letter is conveyed to a High Court judge who was traveling on a train with his wife.
“A High Court judge does not have disciplinary jurisdiction over railway personnel. Hence, there was no opportunity for a High Court officer to request an explanation from railway staff ‘to submit to the Lords for the kind perusal of.’ It is clear that the High Court officer was carrying out the directives of the High Court judge in this case,” the ICC said in the July 19 letter.
Chandrachod said in his letter that the call had justifiably raised concern both within and outside the judiciary.
The ‘facilities of protocol’ which are made available to judges should not be used to assert a claim to privilege that distinguishes them from society or as a manifestation of power or authority… It is the prudent exercise of judicial power, both on and off the court, that maintains the credibility and legitimacy of the judiciary and the confidence of society in its judges.”
Chandrachod said he has been writing this to all the justices of the high courts with a request to share his concerns with all their colleagues on the court.
The letter of the Registrar (protocol) of the Allahabad High Court to the Director General of the North Central Railway was reported to have drawn attention to the train delay and the High Court judge’s non-attendance of the train staff.
“The train was delayed by more than three hours. Despite repeated alerting to the TTE, none of the GRP staff could be found on the bus to fulfill the requirements as required by the Lordship. Moreover, none of the Lords’ Store Car Workers turned up to offer refreshments despite repeated calls. Furthermore, when the Store Car Manager was approached, the call was not answered. The aforementioned incident caused His Lordship great inconvenience and displeasure,” the letter read.
“In this regard the Honorable Judge has desired that an explanation be called from the at fault officials of the railways, the staff of the GRP and the manager of the provision car as to the inconvenience caused by his presidency by their conduct and dereliction of duty,” he is said to have added.
With PTI input
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