On Wednesday, July 19, Chief Justice of India (CJI) DY Chandrachud raised concern over a letter written on behalf of Allahabad High Court Judge Gautam Chowdhary seeking an explanation over the ‘inconvenience’ caused to him during a recent train journey.
Expressing his displeasure over Justice Gautam Chowdhary’s viral letter, CJI Chandrachud in a communication addressed to all the High Court chief justices stated that a High Court judge does not possess disciplinary jurisdiction over the Railway personnel.
“In order to prevent further embarrassment to the High Court, I have redacted identities from the extract of the above communication. A Judge of the High Court does not possess disciplinary jurisdiction over railway personnel,” CJI Chandrachud stated.
"A judge of High Court does not possess disciplinary jurisdiction over railway personnel…Self-reflection and counseling within the judiciary is necessary," #CJIDYChandrachud writes to all Chief Justices of high courts after Allahabad HC Judge's action against railway officials… pic.twitter.com/JeRM7EbY8N
— LawBeat (@LawBeatInd) July 20, 2023
The CJI then pointed out that there was no occasion for an officer from the Allahabad High Court to demand an explanation from railways for ‘His Lordship’s’ perusal.
“Hence, there was no occasion for an officer of the High Court to call for an explanation from the railway personnel “to be placed before His Lordship for kind perusal,” the communication reads.
Moreover, CJI Chandrachud said that Justice Chowdhary’s letter has sparked ‘justifiable’ criticism. He also stressed that judges should not use protocol facilities provided to them to assert a claim of privilege or as a manifestation of power and authority.
“This communication has given rise to justifiable disquiet both within and outside the Judiciary. Protocol ‘facilities’ which are made available to Judges should not be utilized to assert a claim to privilege which sets them apart from society or as a manifestation of power or authority,” CJI wrote.
The CJI went on to say that wise use of judicial authority both on and off the Bench is what keeps the judiciary’s integrity and legitimacy, as well as society’s confidence in judges, intact.
The CJI also advocated for “self-reflection” and counseling within the judiciary.
“Protocol facilities made available to judges should not be used in a manner that is liable to cause inconvenience to others or to bring public criticism of the judiciary,” the CJI stated.
CJI Chandrachud’s communication to High Court chief justices comes after a letter dated July 14 written by the Allahabad High Court Registrar (Protocol) Ashish Kumar Srivastava, on behalf of the sitting Judge, sought an explanation from Railways General Manager (GM) after experiencing ‘inconvenience and displeasure’ on a recent train journey with his wife. ‘His Lordship’ was upset over not getting refreshments despite repeated calls.
