Justice Rakesh Kumar, second senior judge of Patna HC, who had courted controversy in August with his observations about corruption and impropriety in the judiciary was issued a transfer notice on Wednesday, reported Live Law. He has been transferred to Andhra Pradesh High Court.
The Supreme Court Collegium had recommended this transfer via an application on October 15. It is important to note here that the collegium has not put on record any reason for the recommendation of his transfer.
Kumar had recently been in a row in August with some of his very hard-hitting statements about corruption and impropriety in the judicial system in Patna High Court.
While he was ordering a probe into red tape allegations in the Civil Court of Patna, Kumar pointed that HC Judges had looked the other way to every corruption allegation that came up against judicial executives. He said red-tapism and bribery are open secrets in this HC; and that the judges cared more about their privileged lifestyle rather than justice.
The Chief Justice of Patna withdrew all work from Kumar following these scathing comments by him. Post this action, an 11-judge bench stayed Justice Kumar's order passed in August on the corruption charges; citing judicial overreach and criticising him for the same, saying it was probably a personal agenda motivated decision.
"Such uncharity unleashed appears to be definitely an outcome of some personal prejudice that may have its genesis in a personal background as the utterances and overtures, as recorded and reported already in the print and social media, are full of anguish tending towards vengeance and not real reform. A sudden leap in the sky through an approach of gaining yellow page fame appears to be one of the motives behind the pronouncement", the Full Bench remarked, reported Live Law.
Justice Rakesh Kumar was elevated to bench in 2009 after 26 years of law practice. His term as HC judge is till December 31, 2020. Incidentally, the Centre has also notified the transfer of Chief Justice of Patna HC A P Sahi to Madras HC as its CJ.