New Delhi: Taking a serious note of an order passed by Delhi Additional District Judge (ADJ) Archana Sinha staying eviction proceeding against a tenant, the Supreme Court on Tuesday directed Delhi High court to take disciplinary action against her. The court also refused to accept Sinha’s apology, who repeatedly sought mercy from the bench comprising Justices Markandey Katju and Gyan Sundha Misra.

The order came in lieu of a hearing to decide on a dispute between a landlord and a tenant for the eviction of premises in the Connaught Place. During the hearing, the justices were infuriated when told that ADG Sinha had stayed the eviction proceedings of SC order of October 6, 2010, when they dismissed the tenant’s appeal and ordered eviction.

“You are not fit to be a judge, you should resign immediately. This is the limit... an ADJ disobeying and overruling a Supreme Court order... You have no business staying a Supreme Court order,” the bench told ADG.

The angered bench ruled, “We are constrained to say that a certain section of the subordinate judiciary is bringing the whole Judiciary of India into disrepute by passing orders on extraneous considerations. We do not wish to comment on the various allegations which are often made to us about what certain members of the subordinate judiciary are doing, but we do want to say that these kinds of malpractices have to be totally weeded out. Such subordinate judiciary judges are bringing a bad name to the whole institution and must be thrown out of the judiciary.”

However, senior advocate Jayant Bhushan, appearing for ADJ Sinha’s defense said that “given the circumstances, this was a bonafide order” which also went in vain.

Slamming corruption in subordinate judiciary involving judges, advocates and litigants, the SC bench pointed out that the growing nexus between the three sections was creating an adverse public perception against the entire judiciary.

The division bench of Supreme Court ordered that some subordinate courts are exploiting the credibility of judiciary by asking for special grace in certain cases, which must end and such judges should be thrown out of court. It also ordered to send a copy of the case to all high courts.

JPN/Bureau