The Queer Case of How a Judicial Officer, who happened to be a Dalit, who is sensitive to Human Rights of Adivasis has been dismissed after the Sukma Police ran interference in judicial functioning making a mockery of the separation of powers between the executive and the judiciary
On the April 4, 2016 Judge Prabhakar Gwal received an automated message on his phone. It said he had been dismissed from his post as Chief Judicial Magistrate, Sukma, Chattisgarh in “public interest”. The official letter, that he later received, stated that the State Government on the recommendation of the full bench of the High Court of Chhattisgarh had dismissed him under Article 311 (2) of the Indian Constitution”. The order stated no reasons or charges for his dismissal apart from that his removal was in public interest. Prior to his dismissal, JudgeGwal had faced a series of irregular transfers; show cause notices, though what lead to this dismissal is still unclear.
In the last few months, the state of Chhattisgarh has been in the news several times. Issues that have been covered range from mass violence and atrocities against the Adivasi population to the harassment of lawyers, journalists and activists questioning the State’s actions in the Bastar region. Mr Gwal’s dismissal comes in the wake of these incidents.
The last major case that Gwal was working on was that of the illegal detention of Deva Sodi. Deva Sodi, an Adivasi resident of Sukma district, was illegally detained in Dornapalthana. When the case came up before him, Gwal issued notice to the thanaprabhari (police station representative) who replied saying that Deva was no more in his custody but had been returnedto one of his friends few days back. Noticing irregularities in the police version and procedures, he passed an order stating that the police version was false. During the inquiry, after more than 15 days, Deva was shown as arrested in a thana along with his brother (who was the complainant in the illegal detention case) in multiple cases. During the hearings of the illegal detention petition, Gwal issued letters/notices to the Inspector Generalof Bastar, Mr. SRP Kalluri and the Superintendent of Police, Mr. D Sharavan in Sukma to ask why Deva Sodi had not been produced from Dronapalthana.
Today, Gwal feels that his conduct of fair and speedy trials in Sukma and the issuing of orders against the police led to unhappiness in the police and state department and would have contributed to his abrupt and illegal dismissal.
A few days after he received his dismissal notice, Gwal also received the response to a Right to Information application that he had filed earlier in the month. The RTI response revealed that in February, the Superintendent of Police of Sukma had written to the High Court and the District Judge, Dantewadatwice complaining about Gwal. The first letter, dated February 8, 2016 complained to the District Judiciary against Gwal stating that among other things he has been granting bail to “naxal accused” and such decisions have “adversely affected the morale of the security forces” and “weakens the judicial process”. It first claims that Gwal had mentally harassed police officers. The letter begins by stating that Bastar is a difficult area and in such adverse circumstances the forces go around and puts their lives in danger arresting “naxalites”. But when the police present the arrested people in Gwal’s court he on the very first remand asks them to present chargesheets as soon as possible. The letter states that Gwal questions the actions of the police and genuineness of the arrest. The police feel that Gwal threatens them with action against them in cases where the judge thinks police has made a false arrest.
In the second letter , amongst other things, the police officer accuses Gwal of granting bail to the people they arrest as naxalites. The officer states again that the police put their lives in danger when they go into the jungles and capture and arrest people but Gwal grants them bail, which has demoralized the forces. The officer in the end asks for appropriate action to be taken against the judge.
In any other state the fact that a judge has granted bail to prisoners would not be matter in which the police forces could file complaints. In some instances, it could even lead to contempt of the court. If the prosecution/the police disagrees with a certain judgment or order, then the right recourse is to file an appeal in a higher court. These letters are shocking in that they clearly reveal that the attitude of the police in Bastar remains polarizing – that everyone must agree with the police and their version. For those who don’t agree, or dare to speak out, they have to face the consequences, even if it is a Judge.
This was not the first time when Gwal was at the odds with the police or the state. Gwal has previously been in the news for his judgment in a PMT (Pre Medical Test) paper leak scandal in Raipur. In August 2015 he passed a judgment that convicted 6 persons for the leak. He also passed orders for the registration of an FIR and subsequent investigation into the role of the then SP and Present IG of Raipur, Deepanshu Kabra and another police officer for their role in attempting to suppress evidence in the case. After this, an attempt was made to intimidate him by a local BJP MLA who had been a subordinate of the SP.
Gwal had filed a complaint of intimidation againstthe BJP MLA and DeepanshuKabra in his personal capacity at the local police station. After this all hell broke loose and instead of action against the BJP MLA and Kabra, the High Court issued a show cause notice to Gwalwhich claimed that he has violated rules under C.G. Civil Service Conduct Rule, 1965, under which they claimed that he was required to seek permission of the High Court before filing such an FIR against the BJP MLA and the police officer. An adverse order was passed against him without any inquiry and his one-year annual increment was cancelled as penalty.
Gwal had filed a complaint of intimidation against the BJP MLA and Deepanshu Kabra in his personal capacity at the local police station. After this all hell broke loose and instead of action against the BJP MLA and Kabra, the High Court issued a show cause notice to Gwal which claimed that he has violated rules under C.G. Civil Service Conduct Rule, 1965
In what appeared to be a punishment posting, Gwal was then transferred to Sukma district as CJM, in the Bastar division. In September 2015 he took up his posting where he faced unfair treatment from the start from the police and the local administration who failed to provide him the usual protections given to judges in conflict areas. In his tenure as a judge in Sukma, he realized early on how the police were carrying out large scale arrests and surrenders of what seemed to be innocent Adivasis. Not only did he conduct fair and speedy trials, he also brought to the notice of the higher judiciary the conduct of the police in the Bastar region.
In keeping with his fearless attitude and his adherence to the facts and the law, Gwal also passed orders indicting a school in Sukma district for taking inordinately high fees. After he took cognizance in this case he received a call (of which he has an audio recording) from the District Collector who said that he should consult him before passing such judgments.After receiving this call, Gwal wrote to the District Judge and Chief Justice of Chhattisgarh, notifying them about the phone call from Collector where he explained that there was an attempt to interfere in judicial process and to influence the court. No action was taken upon his complaint. Instead he received multiple show cause notices as a response to his complaints against some of the sitting judges in the lower judiciary.
In a conflict zone like the Bastar division, where systems and guarantees of due process, and law and order, appear to have broken down, it takes a great deal of courage to be able to challenge vested interests and the powerful and to remain independent in a polarized atmosphere. The casual removal of a district judge, in contravention of procedure appears to reveal the interference of the government and the police in the judiciary.
Today Prabhakar Gwal is back in Chhattisgarh where he fears for his life and for that of his family. He adds though, that he will continue his fight and will use the appropriate legal channels and methods to challenge his dismissal. A Dalit man from a rural background, he practiced for ten years as an advocate in Chhattisgarh before becoming a judge. “If nothing else works out,” he says, “I will just go back to my village and farm.”
(The author is a law student at Delhi University. This article is a result of interviews carried out with PrabhakarGwal during his time in Delhi)
See also
