In a strongly worded order that highlights a conflict within the subordinate judiciary and the administration, the Court of Additional District Judge-III (ADJ-III), Begusarai, has criticized the transfer of an execution case by the Principal District and Sessions Judge, Begusarai. Presiding Officer Brajesh Kumar Singh observed that the transfer appeared to be a move to “shield” the District Magistrate (D.M.) and Superintendent of Police (S.P.), Begusarai, from contempt proceedings, remarking that the order has made the subordinate judiciary appear as “only paper tigers.”
Background of the Case
The proceedings arose from Execution Case No-01/2024. Vide an earlier order dated October 14, 2025, the Court had recommended separate contempt proceedings against the D.M., Begusarai, and the S.P., Begusarai. A miscellaneous case was registered for this purpose, and show-cause notices were issued to the officials.
According to the order dated November 17, 2025, despite several opportunities granted by the Court as a “condition precedent to start contempt against them,” the officials failed to comply satisfactorily.
- D.M., Begusarai: Neither filed a show-cause nor a response.
- S.P., Begusarai: Filed a response reserving the right to file a detailed show-cause directly before the Hon’ble High Court, Patna.
The Court observed that both officials appeared willing to file their show-causes directly in the High Court. Consequently, the ADJ directed the Office Clerk to send extracts of the miscellaneous case to the Registrar General, Hon’ble High Court, Patna, recommending the initiation of contempt proceedings against the S.P. and D.M.
The Intervention by the Principal District Judge
Later on the same day (November 17, 2025), the Court was communicated Order No-488 (Misc.) dated November 15, 2025, passed by the Ld. Principal District and Sessions Judge, Begusarai.
Through this order, the Principal District Judge recalled the execution case to his personal file for hearing and disposal. The ADJ noted that this recall order was passed “without any application at the behest of either party or without report of the court” and allegedly “without even looking at the records.”
Court’s Analysis and Observations
While complying with the transfer order and directing the records to be handed over, ADJ Brajesh Kumar Singh recorded scathing observations regarding the manner and motive of the transfer.
1. Violation of Section 24 of the CPC The Court noted that the Principal District Judge passed the order in the interest of “administration.” However, the ADJ held that Section 24 of the Civil Procedure Code (CPC) is “conspicuously silent about transfer on the ground of so-called ‘administration’.”
The Court observed:
“It is trite that power of the Principal District and Sessions Judge u/s-24 of the CPC can not be exercised ‘at his whims and fancies’. It is well established that every such order of transfer must be based on sound judicial principles, which principles are conspicuously absent in the present order of transfer.”
2. Shielding Bureaucrats The ADJ explicitly stated that the transfer interfered with the conclusion of the proceedings against the officials.
“In my opinion, the transfer by Ld. Principal District and Sessions Judge, Begusarai was made to shield the D.M., Begusarai and S.P, Begusarai from contempt proceeding.”
The order further noted that the incumbent Principal District Judge had interfered in the judicial process of this case on earlier occasions as well, a fact recorded in the court’s order dated September 23, 2025.
3. Impact on Judicial Independence and Morale Expressing deep anguish over the helplessness of the subordinate judiciary against high-ranking bureaucrats, the ADJ remarked:
“By passing the order of transfer, Ld. Principal District and Sessions Judge has made the judiciary a matter of laughing stocks in as much as the judges of sub-ordinate judiciary appear to be only paper tigers, having no order passed by them has got binding effect on mighty and powerful bureaucrats.”
The Judge further stated:
“Truely speaking, my morale is badly dampened by seeing as to how the water is thrown at the entire efforts of this court by sheer this transfer. No judge would ever dare to pass order against the mighty bureaucrats like D.Ms and S.Ps… mighty bureaucrats are made absolutely immune from judicial process in the lower judiciary.”
Decision
Despite the strong objections to the procedure adopted by the Principal District Judge, ADJ Brajesh Kumar Singh complied with the administrative direction.
- Referral to High Court: The Court directed the Office Clerk to send extracts of the case to the Registrar General of the Patna High Court with a recommendation to initiate contempt against the S.P. and D.M. based on the order dated October 14, 2025.
- Transfer of Records: The Court directed the entire case records to be handed over to the court of the Principal District and Sessions Judge, Begusarai.
- Recusal: The Presiding Judge formally withdrew from the case, stating:
“I am withdrawing from this case as mandated by the aforesaid transfer by Ld. Principal District and Sessions Judge, Begusarai, but I have no regrets.”
Case Information:
- Case: Manish Kumar v. The State of Bihar through D.M., Begusarai & others
- Case No: Execution Case No-01/2024
- Court: Court of District Judge-III, Begusarai
- Presiding Judge: Brajesh Kumar Singh
