Bombay HC Backs Removal of Judge Accused of POCSO Case Bribe

Bombay HC Backs Removal of Judge Accused of POCSO Case Bribe
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The Bombay High Court has taken stern action against judicial officers involved in bribery and negligence cases. Court has dismissed Additional Sessions Judge Dhananjay Nikam and Civil Judge (Senior Division) Irfan Shaikh for serious misconduct.

The action against Nikam arose after allegations surfaced that he demanded a Rs 5 lakh bribe to secure the bail of a woman’s father, who was in judicial custody in a cheating case. The High Court, while denying his anticipatory bail, observed, we have perused the probe papers and, the alleged conversation between Nikam and the complainant. There is a sufficient incriminating material against the applicant to connect him with the crime in question. The Court further held, this conduct of the applicant, prima facie, corroborates prosecution case. Considering overall facts and circumstances, I am not inclined to release the applicant on anticipatory bail.

Key Cases-

Termination of Judge in POCSO Bribery Case: The Bombay HC upheld the termination of Pradeep Hiraman Kale, a judicial officer accused of accepting a bribe to acquit a POCSO accused. The court emphasized the need for exemplary conduct among judiciary members, stating that judicial officers must maintain high ethical standards to preserve public trust ¹.

Dismissal Due to Bribe Allegations and Negligence: While specific details on two judges aren’t readily available, the Bombay HC has shown zero tolerance towards corruption, as seen in the Kale case and other instances where they’ve initiated contempt actions against advocates making defamatory allegations against judges.

Judicial Integrity Emphasized– The Bombay HC stressed that judicial officers are held to high ethical standards, and misconduct can lead to dismissal, highlighting the importance of integrity in the judiciary.

Disciplinary proceedings against judicial officers are based on preponderance of probabilities, differing from criminal trials which require proof beyond reasonable doubt.

The Bombay High Court has demonstrated a strong stance against corruption within the judiciary, as evident from recent rulings. In a significant judgment, the court upheld the termination of a judicial officer, Pradeep Hiraman Kale, accused of accepting a bribe to acquit a defendant in a POCSO case, emphasizing the imperative of maintaining exemplary conduct among judiciary members. The court’s decision highlighted that judicial officers are held to high ethical standards, and misconduct can lead to dismissal, underscoring the importance of preserving public trust in the judiciary. The ruling also noted that disciplinary proceedings against judicial officers are based on the preponderance of probabilities, differing from criminal trials which require proof beyond reasonable doubt. This stance reflects the court’s commitment to upholding judicial integrity and ensuring accountability.