Magistrate cannot be a judge in his own cause: Supreme Court

NEW DELHI: Citing the age-old proverb that 'No antheral shall beryllium a justice successful his ain cause', Supreme Court has said the aforesaid is applicable to a justice besides and they cannot walk an bid successful a lawsuit concerning themselves.A railway magistrate had initiated proceedings against railway medication and its officials, issuing a showcause announcement for not providing him with requisite unit for checking tickets connected obstruction premises and penalising offenders. But a seat of Justices M M Sundresh and N K Singh reversed the Punjab and Haryana HC's bid successful the magistrate's favour. "It is simply a lawsuit wherever the learned railway magistrate wants to go a justice of his ain cause," SC said.SC bid puts extremity to judiciary-rlys tussle implicit manpower rowThe connection sent by him (the railway magistrate) to appellant no. 3 (senior divisional commercialized manager of Northern Railways) cannot beryllium termed arsenic a judicial proceeding. In immoderate case, the appellants person not acted beyond their authoritative capacity,” the SC seat added.Supreme Court’s bid brought to an extremity the tug-of-war betwixt judiciary and railways medication arising retired of transgression proceedings initiated against the commercialized manager of Northern Railways for not providing capable manpower to the judicial officer.

Special railway magistrate (SRM) astatine Ambala had passed the bid and lodged a ailment against the officer, connected grounds that helium was being prevented from discharging his duties.The SRM conducts checks which are known arsenic ‘magisterial checks’ to observe passengers travelling without tickets and besides to punish persons blameworthy of different offences arsenic provided nether Railways Act. After not being provided with manpower to behaviour summons checks, the SRM had said it was a prima facie lawsuit of interference successful his judicial functioning and issued a showcause announcement to the railways authoritative and a ailment was sent to main judicial magistrate, Ambala, for trial.The railways medication and commercialized manager of Northern Railways past moved Punjab and Haryana precocious court, which rejected their plea. The HC said the petitioner’s determination to retreat the checking unit was not lone unfair but besides reprimandable and directed the railways authorities to marque disposable checking staff. “None of the railways authorities has immoderate powerfulness to oust the jurisdiction of peculiar railway magistrate successful this regard,” HC said.But SC disagreed with the reasoning and quashed the proceedings successful the case.