SC pulls up Jharkhand HC for contradictory orders, asks ACJ to conduct inquiry

The Supreme Court this week asked Acting Chief Justice of Jharkhand High Court Dhirubhai N Patel to conduct an impartial inquiry into the passing of two contradictory orders by the High Court in a single matter..A Bench of Justices SA Bobde and L Nageswara Rao passed the order while hearing a petition filed by Nirmala Devi, an MLA from Barkagaon constituency, against the order of the High Court..The issue stems from a bail application in the High Court filed in connection to a matter in which charges against petitioner, her husband Yogendra Sao and approximately 500 unknown people were framed under various sections of the IPC and the Arms Act..Sao was initially granted bail in the matter, but later had to surrender after the High Court’s order was overturned. He then unsuccessfully moved the trial court, after which he appealed to the High Court..The single judge bench of Justice SN Pathak initially stated,.“From the facts and circumstances mentioned herein-above, it is apparent that petitioner is a habitual offender and is the habit of committing serious offences..…I am not inclined to release the petitioner on bail.”.However, in the later pages of the order, the judge seemingly takes a U-turn and grants bail to Sao on a bail bond amounting to Rs. 50,000. The latter part of the order states,.“From the facts and circumstances mentioned herein-above, it is apparent that there is no allegation of direct involvement against the petitioner in the alleged incident. He was not even present at the spot on the alleged day….Considering the aforesaid aspects of the matter, let the petitioner above named be released on bail on furnishing bail bond of Rs.50, 000…”.Senior Advocate Vivek Tankha, appearing for the petitioner in the Supreme Court, apprised the Bench that the order was initially uploaded on the website but was later removed from the website. A certified copy of the order bearing the signatures of the judge was also produced before the Court..The Court observed in its order,.“We consider this to be a serious matter and having a tendency to bring the administration of justice into disrepute.” .The Bench then proceeded to request the Chief Justice of the Jharkhand High Court to conduct an inquiry into the incident either by himself or through an independent officer in order determine how the orders came into existence, and why they were uploaded on the website and then removed..The matter was then listed for December 13..Read the Supreme Court order:.Image courtesy:.Jharkhand HC website