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The Gujarat High Court Wednesday directed its administrative side to expedite the installation of CCTVs in “each corner of the Registry” following an incident of a practising advocate playing foul with court records and allegedly indulging in mischief and professional misconduct.
The court last month directed the registrar general to conduct a detailed inquiry into the preliminary findings of professional misconduct and mischief on the part of a lawyer — Dharmesh Jivanlal Gurjar — to tamper with the court records.
The registry in its report has confirmed before the court that “there is no dispute” that “somebody has deliberately played mischief with a clear intention”.
The court of Justice Sandeep Bhatt on Wednesday noted that while a chamber decision was taken in November 2016, that is more than seven years ago, by the then Chief Justice granting permission for the installation of CCTVs, “strategically in all the judicial departments of the Registry to track movement of people going towards and coming out of storage area and to ensure safety of judicial proceedings,” no action in this regard has been taken till date.
Stating that such a situation “cannot be tolerated” any further, Justice Bhatt set a deadline January 15 for the installation of CCTVs.
Noting that on April 19, the additional secretary to the Chief Justice, after the Chief Justice’s approval, forwarded a note with necessary documents to the Registrar (SCMS & ICT) with a specific mention about the purchase, supply, installation, commissioning, operation and maintenance of IP-based CCTV camera surveillance system, the court observed that the procurement has not progressed thereafter.
“..reasons best known to the Registrar (SCMS & ICT), it transpires that no further development has taken place though the matter is having such urgency and seriousness, that too, in spite of the specific approval given by the Hon’ble Chief Justice, for almost about eight months i.e. till today. This is a very disturbing state of affairs on the side of the administration of the High Court. Therefore, if such cameras would have been installed in the building, more particularly, in the civil board then the real culprit would have been immediately identified and could have been booked,” Justice Bhatt recorded in his order.
“…Let the registrar general, with the help of registrar (SCMS & ICT), registrar (Vigilance) and registrar (Judicial) do the needful in the matter…to expedite the process of installation of cameras in each corner of the Registry strategically covering every table and in functional mode and also if required the cameras can be installed in the court rooms also as stated by the Registrars…Let the Registry do the needful from today onwards and expedite the procedure, otherwise this court may have to observe regarding such lacklustre approach which causes such harm in the administration of the Registry as well as for deciding such issue about the involvement of the such persons in playing mischief,” Justice Bhatt directed.
Advocate Dharmesh Jivanlal Gurjar was appointed the court commissioner at the Debt Recovery Tribunal. Gurjar allegedly demanded a bribe of Rs 2 lakh, and in the proceedings before the High Court, it emerged that “there was some mischief played” as a deliberate attempt to list the matter in the ‘Final Hearing Board’, which was likely to not be taken up due to paucity of time.
It has now emerged that Gurjar allegedly used the user ID and password of the court master to change the status and listing of the matter.
The court of Justice Sandeep Bhatt on October 26 had instructed the Registrar Judicial to look into the matter and determine as to why it was listed in the ‘Final Hearing Board’ at serial number 200.
In an order by the court of Justice Sandeep Bhatt dated December 13, the court recorded that Gurjar is “under the scanner as he and other advocates of his near circle are known for indulging in such practice, more particularly, in the DRT, of playing with the process of the legal proceeding and also playing mischief by indulging in unfair practice”.
Condemning the action by Gurjar, Justice Bhatt recorded that “This activity cannot be tolerated, more particularly, in the Registry of the highest court of the state. Such unscrupulous persons should be taken to task. However, due to lack of proper installation of the cameras, more particularly, in the departments which cover each table and each corner of the Registry, the conclusive material could not be collected…In the present case, there are several suspects identified during the course of inquiry but there is no conclusive material available which can undoubtedly establish that the said person or persons have played mischief…”
The court has kept the matter next for hearing on January 18.
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