NEW DELHI: The Delhi High Court has observed that a judicial officer by virtue of being a judge does not waive the fundamental rights, which are available to other citizens, and is also entitled to private and social rights to look after their families.
Denying bail to an accused, an aide of a man, who allegedly raped and cheated a judicial officer’s sister on the false promise of marriage, Justice Swarana Kanta Sharma said that it is wrong to say that a person accused of cheating the kin of a judge would not get justice because of the judge’s influence.
“To suggest that since the person cheated is kin of judicial officer and if bail is not granted, it would amount to taking sides in judicial system with a myopic eye and suggest that a judicial system is so fragile that it would take sides and not do justice,” the order read.
It added, “To take a contrary view can also be seen to amount to unjustifiably suspecting a person of interference due to his occupation without any evidence and would result in doing injustice to him, in zeal to appear just.” The court added that only because the brother of the victim is a judicial officer, the accused is not getting bail due to some influence without any iota of evidence in this regard is preposterous.
“Accepting this argument will be equivalent to accepting that a judicial officer in case of being victimized or being hurt or cheated as a family member, as in this case being the biological brother of the complainant, does not have fundamental right to get justice for himself, his family or his immediate kith and kin,” it said.
Travesty of justice
The high court said even if the complainant in the case is relative of a judicial officer, it does not mean he or she has lesser rights than others in a criminal case to stand up and fight and seek justice from the court of law.