Delhi judges told: Can’t go abroad on court days even on leave

“I am directed to say that it has been observed that the judicial officers are requesting for grant of permission for making foreign visits by availing leave during court working days. Hon’ble Chief Justice has taken a serious view of the matter and has been pleased to order that in future there shall not be any foreign visit during working days,” stated the circular issued on August 3.

It has instructed all the judges-in-charge in Delhi to communicate the Chief Justice’s mandate to subordinate officers and ensure that no judicial officer flies abroad despite being on leave.

“I am, therefore, to request you to kindly bring the above directions of Hon’ble the Chief Justice to the notice of all judicial officers under your respective control, for strict compliance,” read the circular that reached the judges last Saturday.

Asked about the circular, former Delhi High Court judge Justice R S Sodhi told The Indian Express that he would have to “look very hard” for the logic behind such a circular. “When High Court judges can travel, when Supreme Court judges can go abroad when they are on leave, why this restriction only on judicial officers? The circular should have given reasons before the subordinate judges’ movement was restricted,” he said.

Justice Sodhi added that there were service conditions that bound these judges. “Can any administrative order change the rules which are legislative in nature? No administrative order can be unjust and unfair, nor it can legislative,” he said.

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Retired Chief Justice of Punjab and Haryana High Court Mukul Mudgal said that all that he had to do as a judge was to inform the chief justice whenever he flew outside India. “I would only inform the chief justice about whether it was a private visit or an official visit. And if this circular has been issued for good reasons then it should apply to all the judges of Delhi… (including High Court judges),” said Justice Mudgal who also served as a judge in the Delhi High Court.

Speaking on condition of anonymity, judicial officers in Delhi said that what was supposed to be a mechanism for keeping the high court informed about their travel itinerary has led to such a prohibition. “So we can go to Dehradun when we are on leave but not to Dubai,” said a judge.