HC asks judge to go back to school!

The Delhi High Court on Friday asked a lower court judge to go back
to the training school, saying he lacked "basic knowledge of criminal
law".

At the receiving end of the diktat issued by Justice V.B. Gupta was
Additional Sessions Judge (ASJ) Rakesh Tewari of the Karkardooma
courts.

Justice Gupta was furious as the ASJ declined bail to a man accused
of electricity theft and sent him to custody "deliberately
disregarding" a High Court order to grant him bail.

Tewari was also found to have issued non-bailable warrant against
accused Raju, initiated steps to declare him a proclaimed offender
and to attach his properties "without following the due process of
law".

Noting that orders passed by the ASJ goes on to show that "he lacks
even elementary knowledge about the code of criminal procedure code",
Justice Gupta said "it would be appropriate if he undergoes refresher
course at the Delhi Judicial Academy in criminal law and procedure
for three months at the earliest under the supervision of its
Director".

The Director has then been asked to submit Tewari's performance
report at the Academy to the High Court. Justice Gupta also asked the
Registrar General of the High Court to send the copy of his order to
all the judicial officers of Delhi "for guidance".

In a similar order few days back, Justice Gupta had reprimanded a
special judge for accepting a closure report by the CBI without
issuing notice to the person who had originally lodged the criminal
complaint.

Justice Gupta took Special (CBI) Judge S.K. Kaushik to task for
his "ignorance" about the "basic decisions of the Supreme Court" on
the procedure before accepting closure reports. "It is expected that
the Special Judge would update his knowledge with regard to the
decisions of the Supreme Court on this point," the High Court Judge
observed.