NEW DELHI: The Supreme Court on Thursday refused to give priority to a former district judge seeking early listing of his service matter, saying that the Constitution treats every person equally.
A bench of Justices Joymalya Bagchi and V Mohana was hearing a plea filed by a former district judge from Rajasthan seeking early listing and out-of-turn hearing of his service matter pending before the apex court.
"We cannot give preference to you because you were a District Judge. If we start giving priority to former judges, then former bureaucrats, former MPs will also come. Then where will the common man go?" the bench said.
"Whether a person is a bus conductor or a secretary of the state, everyone has an equal right to access justice," the bench added.
The former judge, Rakesh Kumar Nain, appearing in person, submitted that he had served as a district and sessions judge for more than 15 years and that his pensionary benefits and extension matter had been pending since 2023. He urged the court to give his case priority in view of his judicial service.
Nain was posted as a special judge overseeing cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
He was dismissed by the full court of the high court after being found guilty of judicial misconduct on corruption charges. His services were terminated with immediate effect.
He challenged his dismissal before the high court, where the matter remains pending adjudication. He subsequently moved the Supreme Court seeking early hearing of his case.
The apex court, refusing the request, observed, "You may have been a District Judge, but before this court you are a litigant like any other citizen. The Constitution treats every person on equal parameters."
The bench told Nain that the court could not create a separate queue for former judicial officers. The former special judge submitted that his matter involved a question of judicial independence and therefore deserved priority.
The court, however, said the regular board was already heavy and an early hearing could be granted only if urgency was made out in accordance with the rules.
"We understand your concern. But there are matters of undertrial prisoners, senior citizens, women, who are waiting for years. Equality before law is the basic structure. We cannot discriminate," the court added.
It directed the registry to list the matter in due course according to its turn and not give it an out-of-turn listing.
The former district judge had approached the Supreme Court challenging a high court order that dismissed his plea for extension of service and retiral benefits after compulsory retirement.
Nain had sought a direction for early disposal of his Special Leave Petition (SLP), which has been pending since last year.
The bench refused to entertain his request for priority hearing and said the SLP would be taken up when its turn came.
"Your application for early hearing is dismissed," the bench ordered.
