CJI’s advice to the judges in the matter of breakfast in the train: said- facilities are not your privilege, it separates you from the society

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  • CJI Justice Chandrachud’s Letter To All Chief Justices: Said Facilities Are Not The Prerogative Of The Justices, The Protocol Of Justice Should Not Be Used In Such A Way That The Common People Are Troubled

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A few days ago, a High Court judge did not get breakfast even after the train was late during the journey. On this, the registrar protocol of the Allahabad High Court sent a notice to the railway manager seeking an answer. Now the Chief Justice of India (CJI) Justice DY Chandrachud, while interfering in the matter, has not only objected but also given advice.

The CJI has written a 2-page letter to the Chief Justices of all the High Courts. Wrote in the letter that protocol is not the prerogative of judges. The protocol should be such that the common man does not face any problem. Protocol facilities given to judges should not be used for their own prerogative. It separates them from the society.

No jurisdiction for disciplinary action on railway personnel
The CJI wrote, it has been learned that the Registrar in-charge of the Protocol Section has sent a letter dated July 14 to the General Manager of the Zonal Railways. This letter has been sent at the request of a High Court judge who was traveling in a train with his wife. He said – High Court judge does not have disciplinary jurisdiction over railway personnel. That’s why no officer of the High Court can seek explanation from the railway personnel. Obviously, in this case the High Court officer was following the direction of the Justice.

This is the same letter that the Registrar Protocol of the Allahabad High Court had sent to the Railway Manager.

This is the same letter that the Registrar Protocol of the Allahabad High Court had sent to the Railway Manager.

privilege must be used wisely
In the letter, the CJI said, protocol facilities made available to judges should not be used to assert a claim of privilege. That which separates them from society, use as an expression of power or authority. The judicious exercise of judicial authority, both inside and outside the bench, upholds the credibility and legitimacy of the judiciary, society’s trust.

Allahabad HC Justice Gautam Chaudhary was traveling in a train with his wife.  The train was 3 hours late.  They didn't get breakfast.  No one came from the pantry car and GRP on his call.

Allahabad HC Justice Gautam Chaudhary was traveling in a train with his wife. The train was 3 hours late. They didn’t get breakfast. No one came from the pantry car and GRP on his call.

CJI wrote- I am writing to the Chief Justice of all the High Courts with the request that they should share these concerns with all the colleagues. Introspection and consultation within the judiciary is necessary. Protocol facilities made available to judges should not be used in this manner. Causing inconvenience to others or public criticism of the judiciary.

Dainik Bhaskar spoke to some senior advocates in Prayagraj…

The first picture is of Prayagraj's Senior Advocate Rakesh Pandey.  On the other side is Senior Advocate Anoop Baranwal.

The first picture is of Prayagraj’s Senior Advocate Rakesh Pandey. On the other side is Senior Advocate Anoop Baranwal.

We are in complete agreement with the letter of the Chief Justice. CJI has given the necessary message at the right time. I believe that people sitting on constitutional posts should think about public service more than privilege. These are not positions of privilege. The Chief Justice should also take cognizance of the fact that the guard posted on the road outside the house of the judges also causes a lot of trouble to the public. It should also be ordered to be removed.
– Rakesh Pandey, Senior Advocate, Allahabad High Court

The convenience of the protocol should not be understood in such a way that it is your privilege. We are in complete agreement with the opinion of the Chief Justice of India. Judges are also a part of the society. One should not think of oneself as separate from the society. Yes, it is also that if there is a case of negligence towards the judge, then that too should be taken seriously. There should be no casual approach here.
– Anoop Baranwal, Senior Advocate, Allahabad High Court

Now read that 23 year old incident also when the judge had set up the court on the railway station bench
This matter is of March 8, 2000. Then Ishrat Masroor Quddusi held her court on the bench of the platform after the deputy station manager of New Delhi Railway Station refused to give her a seat in the AC two-tier coach of an express train. Quddusi was then a judge of the Allahabad High Court.
He asked railway officer Mahendra Kumar Sharma to stop the train. On refusal, it was considered a case of ‘Contempt of Court’.

Now let us read you the incident regarding which the CJI has written this letter…

The judge did not get breakfast in the train, then sent a notice: going from Delhi to Prayagraj, the train was 3 hours late

The judge of the Allahabad High Court has expressed displeasure on the railway officials for the ‘inconvenience’ in the Purushottam Express train. He has told about the whole incident by sending a letter to the General Manager of North Central Railway. Also ordered to seek explanation from the guilty officers. Actually, Allahabad High Court Judge Justice Gautam Chaudhary was traveling from Delhi to Prayagraj with his wife on Purushottam Express. The train was 3 hours late. In such a situation, the judge and his wife did not get breakfast. Thereafter, the General Manager of North Central Railway has been ordered to seek clarification from the concerned authorities and submit a report. read full news

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