New Delhi: The Supreme Court has declined anticipatory bail to an IPS officer Aditya Kumar, who was allegedly accused of impersonating the Chief Justice of Patna High Court, by creating a fake WhatsApp account in the name of the high constitutional office, to influence the judiciary, to derive benefit(s) in judicial proceedings in pending cases.
A bench comprising justices Aniruddha Bose, Ahsanuddin Amanullah and Augustine George Masih said, “This court is of the opinion that the petitioner is not entitled to the benefit of anticipatory bail, majorly on account of the seriousness and gravity of the alleged offences and apparent non-cooperation”. The apex court directed petitioner Aditya Kumar to surrender within two weeks.
The bench said it is obvious that serious and multiple attempts were made by the accused, including the petitioner, also to influence the judiciary, to derive benefit(s) in judicial proceedings in pending cases. The petitioner has been accused of conspiring with the co-accused to drive undue benefits in transfer and postings and to get disciplinary proceedings against him dropped.
It was argued before the bench that from the case diary, it is clear that there are chats between the two judicial officers named in the single judge’s judgment (of the High Court), who were in touch with the co-accused about getting matters listed before a particular bench of the Patna High Court.
The bench noted that it was argued that as far as the mobile handset of the petitioner is concerned, despite repeated requests by the investigating agency to produce the same, it has not been done. “The worst part, according to counsel, is that the petitioner deliberately lied to them since, at first, it was stated that he had left the handset at home, and later, it was stated that it was taken away by the investigating agency in a raid which was conducted in connection with another case”, noted the bench.
Going through the High Court's single judge order, the bench said the issues raised over there cannot be left unattended. "This court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large. We are of the firm view that further directions are necessitated," said the bench.
The apex court directed the Registrar General of the Patna High Court to provide details in a sealed cover of the action initiated in the matter by December 9, 2023. The apex court, in an order delivered on November 22, said, “As such, the Registrar General, Patna High Court is directed to submit, in a sealed cover, complete details of what action the High Court has taken, along with copies of relevant documents, pursuant to the reference made to the Chief Justice for taking appropriate decision on the administrative side apropos all such facts, which have been noted in the impugned judgment”.
The court scheduled the matter for further hearing on December 12 and also ordered the investigating agency to furnish the entire up-to-date case diary, with the relevant portions in a sealed cover.
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