Magistrate draws HC flak over ‘illegible’ NBW

The Delhi High Court has pulled up a city magistrate for issuing a non bailable warrant (NBW) in a case by scribbling the order in his own handwriting which was illegible.

‘‘The manner in which learned MM A K Chaturvedi has recorded the order in his hand leaves much to be desired. The order is hardly legible. The purpose of recording orders is not merely to make a record for the magistrate which he is able to read, but also for others to be able to read the same. It is expected that the MM shall in future take care to write orders in a legible handwriting,’’ Justice Vipin Sanghi observed on Thursday while quashing the NBW.

Apart from being criticized for penning down an illegible order, the MM was further faulted by for ‘‘mechanically issuing’’ the NBW, without specifying the reason. ‘‘It appears the MM has issued the NBW’s mechanically. There are no reasons given by him in the order,’’ HC added, citing SC rulings to re-iterate that a court is supposed to record its reasons for rejecting the explanation preferred by a lawyer for his client’s absence and why an NBW is therefore required.

Employees of a private firm had moved HC against the MM’s order which is hearing a dispute between the firm and DDA. The petitioners had already been grated conditional relief by HC two years ago exempting them from personal appearance before the MM’s court except at the time of framing of notice against them and at the time of recording of statement. The MM’s NBW came when they failed to appear for the latter.

According to lawyers for the employees, they were present in court on the stipulated date but the judge was on leave and the case was adjourned. Then the lawyer for the employees sought exemption on medical grounds and also attested a medical certificate which was summarily rejected by the MM. This is what prompted HC to quash the NBW as no reason was cited to disbelieve the medical certificate.

The Times of India 16 May 2008 P.7 New Delhi
With thanks from The Time of India
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