New Delhi: The Supreme Court on Thursday refused to give priority to former district judge Rakesh Kumar Nain, who came to Allahabad High Court demanding early hearing of the pending case. The court said that no person can be put ahead of other parties on the basis of his position or previous position. Every person has the right to equal access to justice.
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This case is related to the petition challenging the dismissal from service of Rakesh Kumar Nain, which is currently pending in the Allahabad High Court. Nain had sought the intervention of the Supreme Court for early hearing of this petition.
Why did Rakesh Kumar Nain approach the Supreme Court?
Rakesh Kumar Nain was earlier in judicial service under Allahabad High Court and was hearing cases related to SC-ST Act as a special judge. Later the Full Court of Allahabad High Court dismissed him from service.
He filed a writ petition in the Allahabad High Court challenging his dismissal. After the matter was pending for a long time, Nain approached the Supreme Court and demanded an early hearing of his petition in the High Court.
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What did the Supreme Court say?
A bench of Justice Joymalya Bagchi and Justice V. Mohana heard the case. The bench said that a case cannot be given priority merely because the petitioner has previously held judicial office.
During the hearing, the court emphasized that both a common citizen and a senior state official have the right to equal access to justice. The court said that if the case of a former judicial officer is given priority merely because of his position, the rights of others who are already awaiting hearing of their cases may be affected.
There cannot be different treatment on the basis of position
The bench also made it clear that under constitutional equality, the court cannot make different arrangements on the basis of a person's position or social status. Giving examples during the hearing, Justice Bagchi said that be it a bus conductor or the Principal Secretary of the state, everyone has equal right to access justice.
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The court said that it would not be appropriate to place a case above other pending cases merely on the basis of complaint of delay. However, if a case involves an extraordinary or serious level of delay, the same may be considered by the court depending on the circumstances.
Nain may demand early hearing in High Court
The Supreme Court certainly refused to give priority to the petition, but did not completely close the door for Rakesh Kumar Nain. The bench has given him the liberty to demand early hearing of his petition in the Allahabad High Court itself.
This means that now Nain can apply for early hearing before the High Court. The Supreme Court has not given any decision in this proceeding on the question of whether his dismissal was justified or not. That issue will be heard through a petition pending in Allahabad High Court.
What does the Supreme Court order mean?
In this case, the Supreme Court's emphasis was on equal access to justice and the process of prioritizing cases. The court made it clear that a person's previous position does not automatically give him the right to a speedy trial.
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At present, the petition challenging the dismissal of Rakesh Kumar Nain is pending in the Allahabad High Court and the Supreme Court has given him permission to apply for an early hearing there.