Rabri Devi Transfer Plea: Special judge Vishal Gogne, known for handling corruption cases against high-profile politicians at Rouse Avenue Courts in the national capital, attracted the spotlight after former Bihar chief minister Rabri Devi sought the transfer of her cases from his court. A day ago, he dismissed the prosecution complaint of the anti-money laundering federal agency against the Gandhis and others.
While judge Gogne has handled several notable cases in the past, his rulings also reflect a humane sensibility.
Who is judge Gogne
Born in Delhi, Gogne completed his graduation and LLB from Delhi University.
He joined the judicial service in 2006.
He held the position of additional director of Delhi Judicial Academy and trained four batches of newly-inducted Delhi judicial services officers between 2018 and 2021.
Gogne is currently a special judge adjudicating cases of lawmakers, including the Prevention of Corruption Act at the Rouse Avenue Courts in Central Delhi. He has handled several high-profile cases against politicians and businessmen.
He was previously designated as senior civil judge‑cum‑rent controller in Dwarka Courts and has also been an additional sessions judge in Karkardooma Courts and the chief metropolitan magistrate in Rohini Courts in Delhi.
Notable cases, remarks
‘Lynching social reality’
In 2021, while hearing the bail plea of three men accused of lynching a man after suspecting him to be a child lifter, the judge said if the accused were released, it would “constitute a failure of the court to begin the push back against those locked in a battle with liberal and democratic ideals”.
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“Much like incidents of dowry deaths and offences against women are unhesitatingly identified and commented upon in judicial orders as a reflection of social malaise, the act of lynching a human life must also be recognised as an expression of a creeping social reality. This reality indubitably is intolerance,” he said in the order.
‘Court not duty-bound to grant all wishes’
Judge Gogne noted, while hearing a plea in an alleged case of Land‑for‑Jobs scam, that the lawyer for one of the accused was “over-assertive” and remarked, “You can be talking about these things as a matter of right, but not with so much assertion, as if the court is duty-bound to grant you all your wishes.”
Standing firmly with his court staff, he also slammed a lawyer who was insisting the court decide on his client’s application and said,“My court staff is an extension of me. They’re government servants. They need to be respected as much as the Judge.”
Judge Gogne was hearing the land-for-jobs corruption case lodged by the CBI against former Bihar chief minister Lalu Yadav and his family in the Rouse Avenue Court of the national capital.
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‘Forsaken the right to argue’
Judge Gogne, while granting two opportunities for the counsel to advance arguments in the land-for-jobs corruption case, said that the counsel concerned had not intended to advance arguments on the charge and had therefore “forsaken the right to argue on their behalf.”
He found that counsel had the opportunity of advancing arguments in the hybrid mode, but the said counsel did not avail this opportunity.
He also highlighted that adjournment can only be granted in exceptional circumstances and mentioned that with the option of online arguments, the grounds for adjournment are entirely self-serving and completely “unexceptional”.
National Herald case
Judge Gogne recently dismissed the Enforcement Directorate (ED) prosecution complaint against Sonia Gandhi, Rahul Gandhi and others, calling it “not maintainable”.
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He called the complaint against Gandhis and others “premature and imprudent”. The order further held that the prosecution complaint is impermissible in law as it is founded on cognisance and summoning order upon a complaint under Section 200 CrPC filed by a public person — Dr Subramanian Swamy — and not based on an FIR.
The case originated in 2012 from a criminal complaint filed by Swamy, the then BJP Rajya Sabha MP, against the Gandhis and other Congress functionaries, whom he accused of fraud in acquiring the property of Associated Journals Limited (AJL), the company that published the newspaper, National Herald.
IRCTC scam
Judge Gogne recently framed charges of corruption, criminal conspiracy and cheating against former Bihar chief minister Lalu Prasad in connection with the alleged “IRCTC scam” and said, “You engaged in conspiracy, you abused your position as public servant, influenced the tender… eligibility conditions of tender were manipulated, you conspired for undervalued purchase of land parcels and conspired with other accused for subsequent transfer of effective control over these land parcels.”
The former Bihar CM was charged with favouring a private company in awarding operation and maintenance contracts for two IRCTC hotels in lieu of prime land in Patna when he was holding the position of Railway Minister.
The alleged scam is being investigated by the CBI.
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DHFL scam
Judge Gogne has heard the case alleging the Rs 34,615 crore DHFL bank‑fraud and dismissed the bail of former Dewan Housing Finance Corporation Limited (DHFL) promoters, Kapil Wadhawan and his brother Dheeraj, who were arrested by CBI in July 2022.
The CBI case was registered on a complaint from Union Bank of India (UBI), which was the lead bank in the consortium. According to the UBI complaint, since 2010, the DHFL had extended credit facilities of over Rs 42,000 crore by the consortium of which Rs 34,615 crore remain outstanding. The loan was declared non-performing asset in 2019 and fraud in 2020.
On December 11, the Supreme Court, however, granted bail to the Wadhawan brothers, and observed that the accused seeking bail was an undertrial, clothed with the presumption of innocence, which is a foundational postulate not to dissolve merely because allegations are “serious”.
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