Justice Ashutosh Kumar of Delhi HC transferred to Patna HC

Bar & Bench November 14 2017

Delhi High Court judge Justice Ashutosh Kumar has been transferred to the Patna High Court.

The President after consultation with the Chief Justice of India signed off on the transfer in exercise of his powers under Clause (1) of Article 222 of the Constitution.

Justice Kumar is to assume charge of his office at the Patna High Court by November 28.

Justice Ashutosh Kumar did his LL.B. from Campus Law Centre, Delhi University. He enrolled as an advocate in 1991, at Patna High Court. He was elevated as an Additional Judge of Patna High Court on May 15, 2014. He was transferred to the Delhi High Court where he took oath of office on January 7, 2015. He was administered oath of the office as a confirmed Judge of the Patna High Court on April 21, 2016.

Justice Kumar had recently set aside the order of a trial court convicting Director Mahmood Farooqui of rape.

In the judgement dated September 25, Justice Kumar had set aside the conviction on the basis that,

it remains in doubt as to whether such an incident, as has been narrated by the prosecutrix, took place and if at all it had taken place, it was without the consent/will of the prosecutrix and if it was without the consent of the prosecutrix, whether the appellant could discern/understand the same.”

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