Blatant disregard for rule of law: HC raps Badkhal SDM, orders inquiries
Reaffirming the constitutional principle of separation of powers, the Punjab and Haryana High Court has rapped Badkhal Sub-Divisional Magistrate for transgressing into the judicial functions of a trial court. Observing that the officer had directed the constitution of a fresh medical board for examining a victim already checked up by two doctors, Justice Harpreet Singh Brar also ordered fact-finding inquiries into the matter.
“The present case is archetypal example of executive overreach usurping the power of judiciary, which is ex facie arbitrary, beyond jurisdiction and actuated by mala fides and oblique motives,” Justice Brar asserted. The Bench added it did not have hesitation to hold in unequivocal terms that only the courts were the “sole adjudicator of the rights of the parties under the legal framework” in administration of criminal justice
“Any such attempt to usurp the judicial functions by executive would be resisted by this court fulfilling its role as a Constitutional Court, envisaged to be a defender and a guardian of the Constitution and Rule of Law,” Justice Brar asserted.
The court also warned that any executive transgression into the judicial domain “would not only undermine the institutional accountability but also has the potential to demolish the functional legal system in place creating complete chaos.
“When the legislative mandate has entrusted the adjudicatory function to the judiciary in administration of criminal justice, the executive cannot encroach upon the domain of the judiciary. Such an attempt is impermissible under the Constitutional framework,” Justice Brar asserted. Setting aside the SDM’s order directing fresh Medical Board’s constitution and the opinion rendered by its members, Justice Brar asserted that the officer’s conduct reflected a complete disregard for the constitutional scheme.
“It is absolutely baffling as to how an Executive officer, so unhesitatingly, overstepped his jurisdiction and inflicted a legal injury with such audacity and an unfathomably blatant disregard for the rule of law and principles of natural justice,” Justice Brar asserted.
Holding that the executive officer as well as the medical officers had conducted themselves in a manner “which reeks of mala fide and has aroused significant suspicion,” the court ordered that the same “deserves to be inquired into.”
Justice Brar ordered impleadment of Haryana Chief Secretary and Additional Chief Secretary, Department of Health as parties to the litigation, before directing them to order fact finding inquiry into the act and conduct of respondent the SDM, the CMO and Medical Board.
The Bench, during the course of hearing, observed that the victim sustained a serious head injury during a scuffle recorded on CCTV, leading to registration of an FIR and addition of Section 307 IPC based on the first Medical Board’s opinion. But the SDM directed the constitution of a fresh Board on an application moved by a relative of an accused. It subsequently downgraded the injury to grievous and not dangerous to life.
Haryana Tribune