HC stays probe, slams judicial officer’s conduct in road-rage row

Taking strong exception to the conduct of a judicial officer during a road-rage incident in Kolar district, the Karnataka High Court has stayed further investigation into a criminal case against three members of a family, observing that the episode appeared to be a “classic example of abuse of office of judicial officer

Taking strong exception to the conduct of a judicial officer during a road-rage incident in Kolar district, the Karnataka High Court has stayed further investigation into a criminal case against three members of a family, observing that the episode appeared to be a “classic example of abuse of office of judicial officer.”

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In an order passed on July 29, Justice M Nagaprasanna also directed the High Court Registry to place his interim order before the Chief Justice for appropriate action against Gayathri, the Principal Civil Judge and Judicial magistrate first class at Malur, after viewing CCTV footage of the incident.

The court passed the interim order on a petition filed by 24-year-old Vinay KM, his mother V Kavitha, 48, and his grandfather P Venkatesh, 70, challenging the First Information Report (FIR) registered against them following a complaint filed by the judicial officer.

According to the petitioners, Vinay, who was riding a two-wheeler with his mother, overtook the judge’s private car, which her husband was driving. They alleged that the judge’s husband chased them, stopped their motorcycle, and got into a heated argument with him. CCTV cameras captured the altercation, and the footage was later circulated on social media.

The petitioners alleged that the judicial officer then used her position to have a criminal case registered against them. Police arrested Vinay and his grandfather and kept them in custody overnight before a local court granted them bail.

Questioning the arrests, Justice Nagaprasanna made strong observations against the judicial officer’s conduct.

“It is surprising as to how in the offences alleged against these petitioners, they were taken into custody. Merely because the complainant was a judicial officer?”

The High Court judge also watched the CCTV footage and said orally that Gayathri’s conduct was unbecoming of the office she holds.

“Prima facie the conduct of the judicial officer is unbecoming of the office of a judicial officer to get down from the car and indulge in a quarrel with a common man who only overtook the car of a judicial officer and asked them to go slow as they were on a two-wheeler. If this hurt or enraged the ego of the judicial officer it is nothing but a classic example of abuse of office of judicial officer,” Justice Nagaprasanna said.

He added that judicial accountability extends “beyond the courtroom.”

“Judicial office is a continuation of public trust, it is not only inside the courtroom, but it is behaviour outside the courtroom that would erode the confidence of the public or sustain the confidence. Every act of a judicial officer is discharge of official duties and is not confined to the four walls of the court hall but travels beyond the court hall when the interaction happens with the public,” he said.

Justice Nagaprasanna then stayed further investigation into the FIR, adding that “merely because the complainant was a judicial officer, it would not mean that citizens are treated at the dictate of the judicial officer.”

Meanwhile, the Advocates’ Association Bangalore (AAB) has sought disciplinary action against the judicial officer over the incident. In a letter to Karnataka High Court judge Justice SR Krishna Kumar, who is in charge of the Kolar district judiciary, the AAB urged that she be suspended and disciplinary proceedings initiated.

AAB president advocate Vivek Subba Reddy said the body also plans to escalate the matter further.

“We are also planning to write to the Chief Justice of India. And we will write to the Superintendent of Police to take action against the police officers concerned because the two civilians were detained from 10 pm to 6 pm the next evening. This incident is shocking. Such blatant misuse of power is shocking and it should never happen,” he said.