MP High Court Flags Judge’s Conduct, Exposes a Deeper Malaise in India’s Judicial System
BK Singh
A wound or an injury heals with time, but the excruciating pain of having been treated unjustifiably by the court of law remains all life. The judgment given by judicial officers and their peers leaves an indelible mark on the heart and memory of a litigant.
The Madhya Pradesh High Court has sent shockwaves through the legal fraternity by recommending an inquiry against a sitting judicial officer after observing that serious charges in a ₹25 lakh embezzlement case were dropped without proper application of judicial mind.
The case, which came before Justice Rajesh Kumar Gupta, involved Roop Singh Parihar, a computer operator in the office of the Land Acquisition Officer, who was accused of siphoning off funds by forging the Collector’s order and transferring over ₹25 lakh to himself, his wife, and six other individuals.
Despite the seriousness of the allegations, 1st Additional Sessions Judge Vivek Sharma of Shivpuri reduced the case to a single charge under Section 406 (criminal breach of trust) of the IPC, thereby ignoring charges of criminal conspiracy, forgery, and cheating under Sections 409, 420, 467, 468, and 471.
The High Court was categorical in its rebuke: It appears that the 1st Additional Sessions Judge has an ulterior motive in holding charge under Section 406 of IPC only against the applicant to give undue advantage to him by which the applicant can avail the benefit of bail.”
The matter has now been referred to the Chief Justice of the High Court, seeking permission to conduct a formal inquiry and initiate disciplinary action against Judge Sharma.
Why the Case Matters
The decision of the lower court was not just a technical error—it reflected a fundamental disregard for facts, evidence, and the judicial responsibility of safeguarding justice.
The chargesheet had been filed against multiple accused, and the investigation under Section 173(8) of the CrPC was still ongoing. Yet, by discharging most of the charges prematurely, the judicial officer effectively weakened the prosecution’s case and opened the door for the accused to seek bail.
The High Court further pointed out that there was no evidence that Parihar’s land had been acquired by the government, despite his claim of receiving huge sums as compensation. In simple terms, the fraud was glaring. Yet, the judicial officer chose to ignore the red flags.
A Larger Problem Across India’s Courts
Unfortunately, this case is not an outlier. Across Madhya Pradesh, Uttar Pradesh, Bihar, Rajasthan, and almost every state in India, there is growing concern that many judicial officers sitting in subordinate courts are ill-prepared, inadequately scrutinized, and often indifferent to the human stakes of litigation.
For many of them, judging has been reduced to a mechanical exercise of moving files, recording statements, and signing orders.
What they often fail to grasp is that behind every file lies a human story—of suffering, of livelihood lost, of families torn apart, of people waiting desperately for justice.
For litigants, litigation is not paperwork. It is a battle for survival.
They spend years—sometimes decades—trapped in courtrooms, spending their savings, borrowing money, and enduring untold mental trauma. Many litigants die before their cases conclude, leaving their families to inherit not wealth but prolonged legal battles.
When judicial officers fail to apply their mind or act with bias, they don’t just commit an error of law—they inflict a wound on the very people the judiciary exists to protect.
Voices from the Legal Fraternity
Senior lawyers have long argued that judicial officers should not be allowed to occupy the chair of justice immediately after passing an examination and a short training period. Instead, a multi-tier scrutiny system should be put in place.
Legal experts suggest that during the first three years of service, every newly appointed judicial officer’s judgments should be periodically reviewed by a committee of senior judges.
The purpose would not only be to correct errors but also to assess whether the officer is applying legal principles correctly, weighing evidence fairly, and ensuring justice in both spirit and substance.
Without such oversight, many unfit officers end up treating litigation as routine paperwork, forgetting that for the litigant, each case represents hope, faith, and often the last resort against oppression.
The Human Cost of Judicial Apathy
Every case delayed, every order wrongly passed, and every charge unjustly diluted translates into human suffering. Litigants remain trapped in a cycle of adjournments, mounting expenses, and emotional trauma. They suffer not only financially but psychologically—caught in the uncertainty of when, if ever, justice will be delivered.
The judiciary often repeats the maxim “Justice delayed is justice denied.” But in practice, justice denied often begins with justice diluted. When judges fail to take the facts on record seriously or show “ulterior motives” as the High Court has suggested in this case, it erodes public trust in the very institution meant to uphold fairness.
The Need for Reform and Compassion
India’s judiciary is the last line of defense for citizens. If faith in the system collapses, it will not just be litigants who suffer—the entire democratic framework will be at risk.
Therefore, it is not enough to identify one erring officer. The larger issue is systemic:
- Judicial appointments must be accompanied by rigorous post-appointment scrutiny.
- Performance reviews should focus not on disposal numbers alone but on the quality of judgments.
- Continuous training in law, ethics, and human sensitivity should be mandatory.
- Accountability mechanisms must ensure that those who misuse their powers face swift consequences.
Justice must not only be done—it must be seen to be done. And for that, judges at every level must recognize that they are not signing papers, but shaping lives.
The Madhya Pradesh High Court’s order is a welcome reminder that the judiciary cannot afford to look the other way when its own officers fail in their duty.
But for meaningful change, the issue must not be limited to one judge in Shivpuri. It must spark a larger debate about judicial accountability, litigant rights, and the urgent need to reform India’s overburdened and sometimes indifferent judicial machinery.
Until then, countless litigants will continue to sit in dimly lit courtrooms, waiting for justice that never comes—waiting for the system to remember that behind every case file is a human being with a beating heart.
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