Judges hearing criminal cases at risk, their personal security paramount: Gauhati High Court

The order read, “It would be perhaps desirable and prudent for the concerned authorities of the State Government to review the personal security arrangements of all judicial officers.”

Gauhati High Court civil judge attack case in a nutshell. (Infographic generated using AI)

Case

The judicial magistrate-cum-civil judge of Bilasipara, Dhubri district had lodged an FIR alleging that while driving his car, another car without giving any signal turned right and hit his car. It was alleged that the occupants of the car started abusing him and threatened him.

The complainant magistrate, finding the situation unsafe, moved out from the place and the accused persons started chasing him and allegedly tried to hit him with a wooden stick.

The counsel for the state submitted that the magistrate in his statement supported the allegation and has implicated the accused persons.

The court noted that not just the victim but every citizen is entitled to his right to public safety and security. It further observed that the right accrues as the member of the society and as a citizen and the right of public safety and security accrues even to foreigners visiting our country.

The court said that though the alleged conduct of the accused persons is despicable and condemnable, the accused can be released on bail on stringent conditions considering the progress of investigation and length of detention so far.

“Though, the alleged conduct of the petitioners is despicable and condemnable – nevertheless, considering the progress of investigation and length of detention so far, I am of the considered view that they can be released on bail at this stage, subject to stringent conditions,” it held.

The court therefore granted bail to the two accused persons subject to various conditions including the condition that they shall not leave the district without trial court’s permission.