An Additional District Judge in Bihar has alleged that the Principal District Judge unlawfully transferred a contempt-linked case to shield the District Magistrate and SP, declaring that such interference reduces the judiciary to mere “paper tigers.”
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BEGUSARAI: A serious controversy has erupted within the Begusarai district judiciary after an Additional District and Sessions Judge (A&DSJ), Brajesh Kumar Singh, issued a strongly worded order accusing Principal District and Sessions Judge (PD&SJ) Rishi Kant of interfering in judicial proceedings and shielding senior bureaucrats.
In an order passed on November 17, Judge Singh alleged that the PD&SJ abruptly recalled an execution case from his court, without any application from the parties or any report from him, after he recommended contempt proceedings against the District Magistrate (DM) and Superintendent of Police (SP) of Begusarai for failing to comply with court directions.
Judge Singh stated that PD&SJ Kant appeared to have passed the recall order “hastily” and possibly on “personal knowledge,” even though the case file was still with the A&DSJ court.
Criticising the transfer order under Section 24 of the Civil Procedure Code (CPC), Singh said the provision does not allow transfers based on administrative interests or at the whims of a senior judge.
“Every such order of transfer must be based on sound judicial principles… The Principal District and Sessions Judge has no absolute power to transfer the case when the transferor court is at the stage of concluding the proceedings,”
— A&DSJ Brajesh Kumar Singh
He further accused the senior judicial officer of undermining judicial independence, arguing that such interference sends a message that bureaucrats are immune to the authority of the lower judiciary.
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In one of the most scathing parts of the order, Judge Singh questioned why ordinary citizens are held strictly accountable for non-compliance with court orders while powerful officials escape consequences.
“Why only poor should be subjected to coercive orders… when mighty bureaucrats are made absolutely immune from judicial process in the lower judiciary.”
— Judge Singh
The judge said the transfer had “badly dampened” his morale and described the judiciary as being reduced to “paper tigers” whose orders carry no weight against senior officials.
Judge Singh also revealed that this was not the first time the PD&SJ had intervened in the matter. Citing erosion of judicial independence, he formally withdrew from the case.
“Let justice be done… I have no regrets,”
he wrote.
Background of the Case
The execution petition concerns a compensation amount of ₹11 lakh, awarded in August 2023 to the guardian of a petitioner who died in an accident caused by a police vehicle. The authorities allegedly failed to release the compensation, prompting the judge to consider contempt action.
Judge Singh had been hearing the matter since early 2024 before the sudden recall order.
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