The Madhya Pradesh High Court has taken suo motu cognisance of reports regarding communal threats allegedly issued against a judicial officer following her judgment convicting seven cow vigilantes in a lynching case, observing that such acts directly undermine judicial independence and the fearless functioning of the judiciary.
The Division Bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh passed the order on July 1 while hearing a pending suo motu reference concerning the protection and functioning of judicial officers in the state.
The High Court directed the Director General of Police (DGP), Madhya Pradesh, and the Additional Chief Secretary/Principal Secretary (Home) to personally explain the measures taken to ensure the safety and security of Additional District and Sessions Judge Tabassum Khan, who is presently posted in Narmadapuram district.
The High Court described the issue as a matter of serious concern and observed that judicial officers cannot be subjected to intimidation merely because a section of society disagrees with a judicial verdict. It emphasised that every judicial order is amenable to statutory remedies such as appeal or revision before the appropriate forum and cannot become the basis for threats or harassment directed at the presiding judge.
The Court observed that such conduct strikes at the very foundation of judicial independence and hampers the ability of judicial officers to discharge their constitutional and statutory duties without fear or favour.
As an interim measure, the Bench directed the Superintendent of Police, Narmadapuram, to ensure the continuation of police protection for judge Tabassum Khan.
Although the state informed the Court that security had already been provided, the Bench directed the Superintendent of Police to file an affidavit detailing the steps taken against those allegedly responsible for issuing the threats. Deputy Advocate General Abhijeet Awasthy informed the Court that an FIR had already been registered in connection with the incident.
The High Court also directed the Additional Advocate General to place on record personal affidavits of the Director General of Police and the Additional Chief Secretary/Principal Secretary (Home) explaining the action taken against the alleged miscreants responsible for the threats, as well as the measures adopted to safeguard the judicial officer.
The matter arose after reports surfaced of social media posts allegedly targeting Judge Tabassum Khan on the basis of her religious identity following her judgment sentencing seven persons to life imprisonment in the 2022 lynching of truck driver Sheikh Lala Nazir Ahmed, who was allegedly attacked on suspicion of cow smuggling.
Taking note of the developments, the High Court reiterated that any grievance against a judicial determination must be pursued only through the remedies available under law and that attempts to threaten or intimidate judges for discharging their judicial functions cannot be tolerated in a constitutional democracy.
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