All matters pending before the Justice Kumar have also been withdrawn from immediate effect. A notice for Chief Justice Sahi’s court has also sought explanation from the registrar as to how the said case was listed before Justice Kumar.
Justice Kumar had on Wednesday, while hearing a case of anticipatory bail moved by a former Indian Administrative Services (IAS) officer. In his order, Justice Kumar noted that the IAS officer had been denied anticipatory bail petition in a case related to corruption in the distribution of funds meant for “upliftment of member of suppressed society”. The IAS officer had later surrendered before a judge in-charge, instead of the regular judge, and got bail.
“Of course, grant of bail or refusal of bail is complete discretion of the court, but if the manner, in which, an accused is granted bail, which raises finger against the judiciary, certainly exercising supervisory power, this Court is entitled to examine as to whether the power for grant of bail was exercised judiciously or due to some extraneous consideration,” Justice Kumar said in his order.
Justice Kumar, in his order further noted that though he would not have taken suo motu cognisance of the matter in the normal course of circumstances, he was taking note of it because things were not going in the right perspective over the past few years. The judge, in his oral order, also said that a sting operation shown by a television channel “was reflective of the fact that in court premises of the Patna Civil Court, demanding and accepting illegal gratification was rampant”.
“In any event, the High Court was duty-bound to register an (First Information Report) FIR and get the matter investigated by an independent investigating agency. Unfortunately, no such action was taken by this Court,” Justice Kumar said in the order.