Terming Addl Sessions Judge Rakesh Tiwary “incomptent”, the Delhi High Court has ordered him to undergo a three-month course in the Criminal Procedure Code (CrPC) at the Judicial Academy.
“Since the Additional Sessions Judge Rakesh Tiwary dsn’t have even elementary knowledge of the CrPC, it would be appropriate if he undergs a refresher course at Delhi Judicial Academy for the law at the earliest for three months,” Justice VB Gupta said in an order.
Noting the order passed by Mr Tewari shows that he “lacks even elementary knowledge about the CrPC,” the HC judge said it also seemed that he also did not know that the subordinate courts are constitutionally bound by the decisions of the high courts. “Yet, he has chosen to comment on the order passed by the high court, which amounts to judicial indiscipline,” he said.
Petitioner Rohit Kumar, accused of power pilferage, had moved the High Court against nonbailable warrants issued by Mr Tewari. His lawyer argued that the HC had stayed, on September 17, the petitioner’s arrest till September 19. Yet, the trial court took the petitioner into custody on September 19, and denied him bail.
What piqued Justice Gupta was the observations made by the Mr Tewari casting aspersions on the functioning of the Delhi High Court.