Justice Rakesh Kumar (who alleged corruption in the Judiciary) transferred to Andhra HC

Aditya AK October 30 2019
Justice Rakesh Kumar

Justice Rakesh Kumar, the Patna High Court judge who had alleged instances of corruption in the higher judiciary earlier this year, has been transferred to the Andhra Pradesh High Court.

A notification issued to this effect by the Central government states that Justice Rakesh Kumar will assume charge of his new office on or before November 13.

After he passed a scathing order highlighting the state of corruption in the judicial system in August this year, judicial work was withdrawn from Justice Kumar.

On August 28, Justice Rakesh Kumar took up and disposed an anticipatory bail plea filed by former IAS officer KP Ramaiah in connection with the multi-crore Bihar Mahadalit Vikas Mission fund scam.

During the proceedings, the Court took on record a news report published in Dainik Jagran. As per the news report, on the date that Ramaiah surrendered before the trial court, the regular Special Judge (Vigilance) went on leave. Thereafter, Ramaiah surrendered and was granted bail by the judge on the same date.

Looking at the events, Justice Rakesh Kumar opined that the manner in which Ramaiah was granted bail required a deeper probe, as it raised questions of the judiciary.

In his order, Justice Kumar took notice of another media report by Republic TV, with respect to corruption in the judiciary and said,

“…a private news channel i.e. Republic T.V. titled “Cash for Justice” had shown its sting operation programme on Television, which was reflective of the fact that in court premises of the Patna Civil Court, demanding and accepting illegal gratification was rampant.”

Justice Kumar claimed that he had taken up the cause orally with the other judges of the High Court, particularly the then Chief Justice, but “nothing was done”.

Further stating that corruption in "this High Court" was an “open secret”, Justice Rakesh Kumar added,

“…it is known to everyone that one senior Judge from the Allahabad High Court during Fodder Scam period had got his wife nominated, as Rajya Sabha Member. This was not the end. Again, there was a Judge from Allahabad High Court, who granted bail to an accused, whose record of bail petition was lying in the Chamber of Hon’ble Mr. Justice Akhilesh Chandra (as he then was), who was hearing his bail petition.”

The order was, however, stayed by an 11 judge Bench of the High Court before being quashed days later by a 3 judge Bench. As part of the fallout, judicial work was also briefly withdrawn from Justice Kumar, before it was reassigned three days later.

On October 15, the Supreme Court Collegium passed a resolution recommending his transfer to the Andhra Pradesh High Court.

Read the notification:

andhra hc judge