In a scathing comment on Judicial Power Structures, A Division Bench of the Madhya Pradesh High Court has liked the relationship between the high court and the distribary to a case judic to Settem, Observing in. Lower judiciary is treated like “shudras” and “Les misérables”, while the While High Court judges functions with the entitlement of “savarnas”.
The French Term, “Les Misérables”, Translates to “The Miserable Ones” in English and is commonly used to refer to the poor and marginalised, as in victor hugo’s frenet novel of the name.
A division bench of justice atul sreedharan and dinesh kumar paliwal made the observations on July 14 while quashing the termination of former address distributions jagat mohan chaturvedi. He was dismissed in 2014 after passing divergent bail orders in cases linked to the vyapam scam.
The court said the judic office had descended “Gross Injustice” and ordered the restoration of his pensionary benefits. It also imposed a cost of Rs 5 Lakh on the state for the “Hardships He and his family was subjected to” and “The humiliation in socialie that he had to face, only on passing judicial orders, with. Material Coming on Record to Evening Establish Corruption Eve on the anvil of preponderance of probability “.
Speaking on the entrenched hierarchy in the judiciary, the bench observed, “The Bench Between District Judiciary and the High Court is not basically on mutual respect for Ech Orter, But Onenshe. Fear and Inferiority is instilled by one on the subcontrid Savarnas and the shudras are the les misérables of the district judiciary. “
Describing the Dynamic Between The High Court and the Lower Courts, The Judges Said, “The Dismal Relationship Between of the Judges of the Judges of the Judges of the District Judiciary Is Between. Serf. “
“The body language of the judges of the district judiciary when they greet a judge of the high courts short of growing before the High Court Judge, Making the Judges of the District Judge of the District Space. Invertebrate mammals, “They said.
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The bench further added, “Instance of the judges of the districiary personally attending to judgment of the high court (as desired by their) on railway platforms and waiding on their refreshs, alex. Thus perpetuating a colonial decadency with a sense of entitlement. “
Judges of the district judiciary deputed to work at the high court “are alMost never offered a seat by the judgs of the judgments of the high court, and on a rare oCCation as they are, they are, they are, they are. Court judge, “The bench said.
The court also observed that the “Subjugation and Enslavement of the psyche of the judges of the district is complete and irreversible, so it sems”.
“An overbearing high court, this is willing to excoriate the districiary for the most innousious of its errors, the encourse that distribary is Kept under Perpetual and Morbid Fear of Morbid Fear of Punishment.”
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“The Fear of the districate judiciary is understandable. Service abruptly… he and his enture family is out on the streets with no pension and the stigma of facing a society that is Suspects His Integrity, “The Court Said.
The court observed that a “District Judiciary which is Completed to work perpetually under this Fear Cannot Dispense Justice and Instad Shall Dispense With Justice”.
It adds, “All these adds up to the passive subjugation of the district judiciary, leaving it psychologically emaciated, which ultimately reflects in their judicial worms are not not grantled in Eve. Deserving cases, convictions are recorded in the absence of evident… All this in the name of saving their job, for which petitioner in this case suffered, for thrinking and something double. “