Case Note & Summary
This case arose from an incident of criminal intimidation faced by Shri B.V. Rao, a Judicial Member of the Central Administrative Tribunal (CAT), while he was on official duty in Ranchi, Jharkhand. On February 21, 2008, after returning to his accommodation, he was confronted by Smt. Nirmala Choudhary, Inspector General of Police, who questioned his presence and subsequently, eight police personnel forcibly entered his room, abused him, and searched his belongings. Following the incident, an FIR was lodged against Smt. Nirmala Choudhary and the police personnel involved. The Director General of Police later apologized, attributing the incident to Choudhary's mental health issues. The matter escalated to the Supreme Court after a letter from the CAT Chairman raised concerns about the safety of judicial members. The court noted that the State of Jharkhand admitted the allegations made by Rao and acknowledged the misconduct of the police personnel. The court emphasized the need for adequate security measures for judicial members and directed the Union of India and State authorities to implement these measures within eight weeks. The court also recognized the ongoing contempt proceedings against Choudhary and the pending cases in the High Court and CAT, stating that it would not interfere with those proceedings. The judgment concluded with a directive for the implementation of security measures and expressed gratitude to the Amicus Curiae for their assistance.
Headnote
A) Criminal Law - Criminal Intimidation - Incident involving judicial member - Criminal intimidation of Shri B.V. Rao by police personnel - Sections 143, 144, 146, 323, 339, 352 Indian Penal Code, 1860 - The court addressed the serious issue of criminal intimidation faced by judicial members and directed the Union of India and State authorities to ensure adequate security for them. The court recognized the mental health issues of the police officer involved but emphasized the need for protective measures for judicial members (Paras 1-16).
Issue of Consideration
Whether adequate security measures should be implemented for members of the Central Administrative Tribunal following an incident of criminal intimidation.
Final Decision
The Supreme Court directed the Union of India and respective State authorities to provide adequate security to all members of the Central Administrative Tribunal within eight weeks, ensuring a conducive atmosphere for the dispensation of justice.
Law Points
- criminal intimidation
- judicial security
- mental health considerations
- contempt of court
- police misconduct
