'Can't Ignore State's Negligence, Should've Provided Security' : Supreme Court On Judge Uttam Anand's Killing

Supreme Court on Friday observed that the State's negligence in the recent killing of judge Uttam Anand who was posted as Additional District and Sessions Judge at Dhanbad, cannot be ignored.A Division Bench comprising CJI NV Ramana and Justice Surya Kant opined that, being well aware that Dhanbad is a mafia area where several advocates have been killed and judges have been attacked in the past, the State should have provided some protection to the Judicial officer at least around their colonies. "Look at the unfortunate case of Judge who lost his life. And you can't ignore the State's negligence. It is State's failure. They know Dhanbad is a mafia area and we have several advocates were killed and judges have been attacked. This is nothing new. Inspite of the, the State Government hasn't done anything. They must provide security at least near by the colonies." the Bench remarked.The remarks came while the bench was considering the suo motu case taken by it on the issue of protection of judges and courts in the wake of the killing of Additional District Judge Uttam Anand of Jharkhand last week.The Bench therefore asked all States to respond and file a status report with respect to what kind of security they have provided to judicial officers.Attorney General KK Venugopal whose assistance the Court sought in the present matter, submitted that, "Judges as a class are more vulnerable than bureaucrats. This is an open court where one person succeeds and other doesn't. There has to be given sufficient protection. There has to be a body which decides the extent of vulnerability depending on nature of cases."" It is time that something serious is done, for vulnerability of Judges, specially those deciding famous cases." AG said.The Bench also made an important observation: "There are several cases in the country which involves gangsters. Some cases have high profile people are involved as accused. In some states, the judicial officers including HC judges are threatened not physically but also mentally by sending abusive messages."The Advocate General of Jharkhand, Rajiv Ranjan, today informed the bench that the state government had immediately constituted a Special Investigation Team to investigate the matter. He added that on the same day of the crime, the SIT had apprehended two persons who were in the auto-rickshaw which knocked down Judge Uttam Anand while he was on his morning jog.The Advocate General also said that the CBI has taken over the investigation pursuant to a recommendation made by the State Government.The matter will be next considered on Monday, August 9.Disturbing CCTV visuals of judge Uttam Anand who was posted as Additional District and Sessions Judge at Dhanbad, being mowed down by a vehicle had emerged, suggesting that the killing was deliberate, and had sent shock waves across the legal fraternityWhile taking suo-moto cognizance of the matter, the High Court had directed the Special Investigation Team (SIT) to probe into the incident and submit a report by August 03. At the time of ordering a probe by SIT, the Chief Justice headed bench had called for a speedy, fair, and professional investigation' making it clear that the Court will monitor the progress and decide whether the probe will be continued by SIT or handed over to the Central Bureau of Investigation. Additional Director General of Police Sanjay Latkar headed the SIT looking into the matter.Also happened during the hearing : 'CBI Has Done Nothing, We Expected Some Change In Its Attitude' : Supreme Court Pulls Up CBI For Not Responding To Judges' Complaints Of Harassment (Case Title : In Re Safeguarding Courts and Protecting Judges (Death of Additional Sessions Judge, Dhanbad)Click Here to Download the Order

'Can't Ignore State's Negligence, Should've Provided Security' : Supreme Court On Judge Uttam Anand's Killing

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'Can't Ignore State's Negligence, Should've Provided Security' : Supreme Court On Judge Uttam Anand's Killing

Srishti Ojha

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