High Court raps Faridabad judge for ‘judicial indiscipline’, orders probe

The Punjab and Haryana High Court has deprecated and flagged as “judicial indiscipline” the conduct of a Faridabad Additional Sessions Judge for passing two orders on the same day in an anticipatory bail matter. The court also made it clear that the matter required thorough investigation.

“Amazingly, this court finds it illogical to the extent of judicial indiscipline on the part of Jyoti Lamba, Additional Sessions Judge, Faridabad, in recording two orders of even date without following due procedure as envisaged for the purpose of considering anticipatory bail petitions,” Justice Sandeep Moudgil asserted. The assertion came as Justice Moudgil ordered the cancellation of anticipatory bail granted to the accused by Faridabad Judge in an FIR registered for forgery and other offences under Sections 465, 467, 468, and 473 in September last year at the Bhupani police station. The FIR was registered on the allegation of using forged agreement to sell.

Justice Moudgil’s Bench was told that the controversy arose when the Judge after hearing the matter orally instructed the parties, especially the public prosecutor for the state, to release the accused on interim bail on her joining the investigation within three days. “Later on, in the day, it transpired that another order of even date – November 19, 2024, came to be passed by Jyoti Lamba, Additional Sessions Judge, Faridabad, running into 12 pages granting the respondent Priyanka Kumari absolute anticipatory bail, observing that it is not the case falling under the category of ‘serious offence’ but a civil dispute given the colour of criminal nature and recording its inclination to grant bail. This order was uploaded on the web portal of the District Court, Faridabad,” Justice Moudgil’s Bench was told.

The court, during the course of hearing, also took note of a handwritten noting of “that date” made by the judicial officer that case was documentary based and interim bail was granted to respondent-accused, subject to joining the investigation within three days and on furnishing Rs 50,000 as surety of the like amount.

“As far as the judicial officer’s conduct is concerned, which is not only to be deprecated but demands thorough investigation into the matter and accordingly, the Registrar-General is directed to place the case file along with the order’s copy before the Administrative Judge, Faridabad, for consideration and necessary action as deemed appropriate,” Justice Moudgil ordered.

Haryana Tribune