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Subhashish Panigrahi, CC BY-SA 4.0
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A Judge from the Madhya Pradesh Sessions court has been terminated.
The reason for her termination was that the Additional Sessions Judge has passed a Judgment on a Murder Suit in front of the Sessions Court of Madhya Pradesh and the same judge had altered the already passed judgment. A writ petition was filed by the judge in the Supreme Court, but the same was upheld again in the termination matter as decided by the State of Madhya Pradesh with the recommendation of the full court of the Madhya Pradesh High Court. A bench comprising Justice Lalit, Justice Ravindra Bhat and Justice Sudhanshu Dhulia was set to hear a writ petition filed by the Additional Sessions Judge from the Additional Sessions Court Madhya Pradesh.
The Petition was filed for challenging her that the Additional Sessions Judge terminated her from the post of Judge. This termination order was passed by the State of Madhya Pradesh on the recommendation of the full court of the Madhya Pradesh High Court. The order for termination was given for the reasons that the Judge has passed a decision in a Murder case and then the same Judge has altered the Judgment. On this ground, the State of Madhya Pradesh and the Madhya Pradesh High Court has decided to terminate the Judge from that post. The writ petition was filed before the Supreme Court challenging the termination order passed by the State of Madhya Pradesh. The Supreme Court has sustained the petition and has upheld the old order that was given by the State of Madhya Pradesh stating a few reasons on how this termination is correct.
In the Murder case that the Additional Sessions Judge was terminated, the judge has given a jail sentence of 5 years under the section-302 of the Indian Penal Code. Then the same Judge altered the decision in the same murder case wherein the previous punishment was altered by stating that this case falls under Culpable Homicide not amounting to Murder under part 1 of Section 304. For this reason, the Full Court of Madhya Pradesh High Court has recommended the State of Madhya Pradesh for the Judge’s termination which the State government has accepted over the termination.
The bench stated, “Quite Shocking” after looking into the Judgment that was passed by the Additional Sessions Judge in that Murder Case. The Additional Sessions Judge has said that she did not receive any notice before her termination from her post as the judge. And she also claimed that it was her first mistake after her posting as the Judge recently. After this Justice Lalit burst out a few statements on what the Petitioner has done and pointed out what was wrong on her side and what is correct. After having pointed out the mistakes the petitioner has done the Supreme Court upheld the order passed by the State of Madhya Pradesh.
Tags : #Supremecourt, #Highcourt, #MadhyaPradeshGovernment, #Termination
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