Bombay High Court Pulls Up Session Court for Insubordination

The Aurangabad bench of the Bombay High Court recently pulls up a sessions judge in Osmanabad for showing insubordination and disregarding a High Court order. The incident involved a murder trial in which one Ramchandra Yedage was the accused.

Yedage had sought bail and challenged a district judge’s refusal to accept his surety, even though he had been granted bail by another sessions court judge. However, the High Court had previously directed Yedage to approach them for bail and not the trial court. Despite this clear order, the accused approached an in-charge sessions judge, GP Agrawal, for bail without mentioning the High Court’s directive.

Justice RM Joshi emphasized that the conduct of judicial officials, including lawyers and public prosecutors, is essential to maintain people’s confidence in the justice system. He noted that suppression of facts and judicial impropriety could lead to a miscarriage of justice.

The High Court, therefore, invoked its inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) and quashed the bail order. Justice Joshi praised district and sessions judge Vishwas Ganpat Mohite, who refused to accept Yedage’s surety after the bail order had been passed, for being vigilant and preventing the abuse of legal processes.

The High Court’s decision highlights the importance of adhering to court orders and maintaining judicial propriety to ensure a fair and just legal system. The case serves as a reminder that any attempt to deceive the court or undermine its directives can have severe consequences.