Thursday, January 20, 2022

Govt Dismisses Judicial Officer Invoking Article 311

Srinagar: The J&K government has dismissed judicial officer, Rajesh Kumar Abrol, by invoking Article 311 of the Constitution of India. The order against Abrol comes nearly two months after he was convicting and sentenced to ten years jail and fined Rs 50000 for rape and cheating of a woman who had sought legal help from him in 2018.

“In terms of Proviso (2) to Clause 2 of Article 311 of the Constitution of India and on the recommendations of the Full Court of High Court of Jammu and Kashmir and Ladakh, the Lieutenant Governor is pleased to accord sanction to the dismissal of the services of Rajesh Kumar Abrol as Civil Judge (Senior Division)/Sub Judge (under suspension) w.e.f. 21-10-2021,” reads a government order, a copy of which lies with GNS.

On October 23, a fast track court in Jammu had sentenced Abrol to ten years of rigorous imprisonment and imposed Rs 50000 fine on him.

 “It is not only the duty of the court, but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only in the crime, but also the criminal,” the court had said, adding, “Furthermore, deterrence and reformation are primarily social goals.”

It is the duty of the court to impose adequate sentence, for one of the purposes of the requisite sentence is protection of the society and legitimate response to its collectively concise, the fast track court judge had said. “The paramount principle that should be the guiding laser beam is that the punishment should be proportionate,” the judge said, adding, “It is answer of the law to the social concise. In a way, it is an obligation to the society which has reposed confidence and faith in the judicial system of the country to curtail the evil while imposing the sentence.”

On October 21, the court had convicted the judicial officer for the offenses under section 420 (cheating) and 376 (rape).

The court had concluded by quoting a phrase: “Persons of influence, keeping in view their reach, impact and authority they wield on the general public or the specific class to which they belong owe a duty and have to be more responsible they are expected to know and perceive the meaning of authority and law with experience and knowledge. It is reasonable to hold that they would be careful in their lives and the reasonable man’s test would always be taken into consideration.”

As per the prosecution, the victim woman, a resident of Ramban, met Rajesh Kumar Abrol of Lower Roop Nagar Jammu while she was contesting a case. Being a judicial officer, Abrol promised legal help and sought domestic support from her. Having a minor girl to support, the woman started working in the house of sub-judge who also promised better education to her daughter. The accused promised her to pay Rs. 5000 per month as salary, the prosecution said.

For seeking legal support accused dissolved her marriage with her husband by getting divorce deed which was notarized and accused told one of his PSO to be the witness to it, the prosecution said. After sometime, woman’s parents desisted her to work with Abrol as they want to take her to parental home.

“As and when (Abrol) got knowledge that she is going to leave his home, he requested her not to leave his home and filled “Maang” with “Babuti” and told her that “she is his wife now”,” the prosecution said, adding, “(Abrol) also told her that he had parted with his wife and is residing alone for last seven years.”

Abrol also told her that he is a Judge and has knowledge about the legalities and she believed to him and married with him. “By doing so, the accused secured her consent to have sexual intercourse with her. She succumbed to his pressure and did not share the same with anyone around,” the prosecution said, “The accused planned to have “Saptapadi”with her and he solemnized marriage with her in his house at Roop Nagar in presence of PSO Ashok Jamwal, his friend Darshan Gupta and one Pandit belonging from Doda called by (Abrol).” After one year of marriage with Abrol, the woman got knowledge that he had betrayed her by marrying her during the life time of wife namely Neetu Bala who was his second wife as he had already divorced first wife namely Surbhi. (GNS)

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