Prayagraj/Kanpur (UP): The Allahabad High Court has ordered the Uttar Pradesh government to appoint Pradeep Kumar, who was previously denied the post of Additional District Judge due to allegations of espionage and sedition. The court directed the state to issue Kumar’s appointment letter by January 15, 2025, noting that he had been 'honourably acquitted' in both trials.
A two-judge bench comprising Justices Saumitra Dayal Singh and Donadi Ramesh ruled in Kumar’s favor while hearing his writ petition. The bench stated: “The petitioner was ‘honourably acquitted’ in the two criminal trials faced by him, and no element of truth was found in the prosecution story in either case. In view of the above, the writ petition must succeed.”
The court issued a mandamus to the state government, directing it to verify Kumar’s character within two weeks and issue his appointment letter by mid-January. It instructed that Kumar be appointed against existing vacancies in the Uttar Pradesh Higher Judicial Service.
Kumar had passed the Uttar Pradesh Higher Judicial Service (Direct Recruitment) Examination in 2016 and was declared successful in 2017. However, despite being recommended for appointment, his letter of appointment was withheld due to his past trials.
In his application for the judicial service examination, Kumar disclosed details of two criminal cases filed against him. These included:
1. Session Trial No. 69 of 2004 under the Official Secrets Act and Section 120-B of the IPC (allegations of spying for Pakistan).
2. Session Trial No. 236 of 2004 under Section 124-A of the IPC (sedition).
Both cases stemmed from a 2002 FIR lodged at Kotwali Police Station in Kanpur Nagar. After years of trial, Kumar was acquitted by the Additional Sessions Judge Court of Kanpur Nagar on March 6, 2014, the PTI reported.
The high court expressed dissatisfaction with the state’s handling of Kumar’s case. It observed that while the charges were severe and merited careful scrutiny, the petitioner’s 'honourable acquittal' cleared him of any wrongdoing. The bench stated, “A person cannot be penalized for allegations that have been conclusively dismissed in a court of law.”
The court further noted that no evidence exists to suggest that Kumar had worked for any foreign intelligence agency. It also criticized the state for considering unrelated allegations, such as charges of corruption against Kumar’s father, in deciding his eligibility.
"The fact that the petitioner's father may have been suspended/dismissed from service on charges of bribery etc. is equally extraneous to the issue. A person may not be penalised, and his character may not be judged for the act of another be it his father or son. It is indeed regrettable that the respondent authorities have also chosen to rely on the allegations of corruption levelled against the father of the present petitioner," the high court bench said.
The court emphasized that the Constitution guarantees every citizen the presumption of innocence until proven guilty. Once acquitted, particularly with the distinction of being 'honourably acquitted,' a person’s innocence is confirmed and sealed by judicial pronouncement.
“To deny Kumar the fruits of his hard labor and the honor of his acquittal is to undermine the rule of law itself,” the court stated.
Pradeep Kumar, a resident of Kanpur’s Meston Road area, is the youngest of five siblings. Despite facing severe allegations, he successfully cleared the rigorous judicial service examination and was recommended for appointment in 2017.
In its December 6 order, the High Court directed the Uttar Pradesh government to expedite the process by submitting Kumar’s case to the Governor within two weeks. It added that the appointment letter must be issued no later than January 15, 2025.
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