The Hon’ble High Court of Rajasthan today issued a notice against mentioning of caste of any person, including the accused or convict, in any judicial or administrative matter.The direction was issued after controversy arose over the mention of a bail applicant’s caste in the cause title of the same High Court order passed last week. The notice issued by the HC said that such practices against the spirit of the constitution and contrary to an order passed by the Rajasthan High Court in 2018.
The order read by HC as-
“It has been observed that the caste of the accused and other persons is being incorporated by the officers/officials of Registry of this Court and Presiding Officers of Subordinate Courts/Special Courts/Tribunals in judicial and administrative matters, which is against the spirit of Constitution of India and not in consonance with the directions of Hon’ble Rajasthan High Court issued vide order dated 04.07.2018 in S.B. Cr. Misc. Appl. No.376/2018.Therefore, it is enjoined upon all concerned to ensure that caste of any person including accused is not incorporated in any judicial or administrative matter.
This practice came into the knowledge of the Hon’ble HC when an Advocate named Amit Pai wrote a letter to the Chief Justice of India raising his serious concern over the deep-rooted prejudices reflected in incorporating the caste of a party in a judicial order.Caste has no place in our system of law and the Constitution,” he remarked while urging the CJI to abolish this “disturbing practice”.
This type of practice is against the salient principle of equality which is awarded to the citizens of India by The Constitution.
On Friday, a lawyer appeared in his inner vest( baniyan) in front of a single judge named, Justice Mr. Sanjeev Prakash Sharma, in a bail applicant hearing, via video conferencing. The lawyer had to face the ire of the Hon’ble HC and the judge opted to adjourn the matter. Mr. Sanjeev said- ” Even through video conferencing the decorum of the courtroom is required to be maintained”.
The same order mentioned the caste of the bail applicant which eventually faced a lot of criticism for the same. Thus, Hon’ble HC passed an order against mentioning of the caste in any judicial or administrative matter/order.
By Adarsh Mishra