REP O R T A B L E

IN THE  SUPRE M E  CO U R T  OF  INDIA

CRI MIN A L  ORIGIN A L  JURISDICTIO N

Writ  Petition (Criminal) No. 23 of 2008

In Re.: Incident relating to Crl. Intimidation ….Petitioner(s)   to a member  of CAT   

Versus

Union of India &  Ors. …. Respondent(s)

J U  D  G  M  E  N  T

Dr. B.S. Chauhan, J.  

1. This case is an eye opener as it reveals that those who  have been assigned the  

solemn  duty to dispense justice are facing criminal intimidation at the hands of the  

authorities which have the responsibility to maintain the law and order.  

2. The facts and circumstances giving rise to this petition are that Shri B.V. Rao,  

Judicial Member of Central Administrative Tribunal (hereinafter called ‘CAT’)  was  

asked by the Hon’ble Chairman  of the CAT  to hold the Circuit Court at Ranchi,  

Jharkhand  from  18.2.2008 to 22.2.2008.   After receiving intimation from  Principal  

Bench CAT, New  Delhi, the officer concerned at Ranchi Bench asked for reservation  

of accommodation for Shri B.V. Rao to the Secretary to the Government of Jharkhand

in the Home  Department.  In consequence thereof  the DIG  (Personnel) was asked for  

reservation of two suites for two members of CAT  in the  Khukhari Guest House.  

Room  no. 206 in that guest house was allotted to Shri B.V. Rao.  The said room  was  

occupied by Shri B.V. Rao  on proper authorization and allotments.  When  Shri B.V.  

Rao  came  back from  the Tribunal to the Guest House on 21.2.2008 at  about 4.30  

p.m., Smt. Nirmala Choudhary, Inspector General of Police (R-3)  interrogated  him as  

to in what capacity he was staying there?    Inspite of disclosing his identity by Shri  

B.V. Rao and informing her about the purpose for which he had come  there, she left  

the room.  After a short while, at about 5.15 p.m., eight police personnel, who  were in  

uniform  and having arms, forcibly opened the door of his room  after breaking the  

bolt.  They abused Shri B.V. Rao  and searched the entire room.  They did not even  

spare to examine the judicial records of CAT.  Those police persons dragged Shri Rao  

to the ground floor along with his belongings where Smt. Nirmala Choudhary (R-3)  

was  standing.  She  forced him  to open  his suit case, brief-case and  all other  

belongings.  She had taken away his identity card, flight ticket, tour programme  sheet  

and authorization letter granted by the Chairman  for holding the court at Ranchi  

besides he was criminally intimidated and abused.

3. Immediately, after the incident, Shri B.V. Rao informed the Director General of  

Police (hereinafter called ‘DGP’), Jharkhand about the incident on the same day.  The  

DGP  directed Shri P.R.K. Naidu, IG, Special Branch to look into the matter and report  

immediately.  After conducting the enquiry, Shri P.R.K. Naidu, IG   submitted his  

report on 22.2.2008.  According to the said report, Smt. Nirmala Choudhary (R-3) was

not in a right frame of mind  and suffering from  some  kind of sehizophrenia.  The  

armed persons who  were on duty along with her had carried out her illegal orders.  On   

the next day, the DGP  along with other senior officers met Shri B.V. Rao in his room   

and  apologized  personally for grave  inconvenience  caused  to  him  due  to  

unpardonable behaviour of  senior police officer disclosing that Smt. Nirmala  

Choudhary (R-3) was suffering from mental disorder.

4. However, considering the incident of 21.2.2008, an  FIR  was  lodged   in  

Doranda Police Station  by Shri  Bandi Bhagat, Office Incharge, CAT, Ranchi giving  

full details of the incident.  Thus, an FIR  in  Case No. 43 dated 22.2.2008 under  

Sections 143, 144, 146, 323, 339 and 352 IPC stood registered against Smt. Nirmala  

Choudhary (R-3) and eight police persons.   In the meanwhile, Shri B.V. Rao, Judicial  

Member  of CAT  wrote letter to Hon’ble the Chief Justice of India and Hon’ble  

Chairman  of CAT,  Principal Bench, New  Delhi narrating the entire incident and  

requested to take appropriate steps to protect the members of CAT  in future to avoid  

such unfortunate situation.  The  said letter was treated as a criminal writ petition.  

This Court, vide order dated 3rd March, 2008 issued notices to Union of India, State of  

Jharkhand and Smt. Nirmala Choudhary (R-3).

5. The Hon’ble Chairman of CAT, New  Delhi took up the matter with the Hon’ble  

Minister of  State, Ministry of  Personnel Grievances  and Pensions by writing a letter  

dated 25th February, 2008 expressing his grave concern about the safety and security  

of judicial and administrative  members of CAT  giving details of the incident.  On  10th

March, 2008, the High   Court of Jharkhand  initiated the criminal contempt  

proceedings  suo motu.  In WP(C)  No. 1233 of 2008  (Court on its own  Motion vs.  

The State of Jharkhand) the Court passed the order dated 2/3.3.2008 asking learned  

Advocate General to look into the matter and to take immediate appropriate action in  

the case.  However, considering the fact that this Court had taken cognizance of the  

incident, the High  Court deferred the hearing of the said case vide order dated  

10.3.2008.

6. The CAT, Patna Bench also initiated criminal contempt proceedings in case No.  

22 of 2008 against Smt. Nirmala Choudhary (R-3) and eight armed police personnel  

vide Order dated  22.4.2008.  The said matter is still pending consideration.  However,  

on the letter written by Hon’ble Chairman of the CAT, no action has been taken by the  

Ministry concerned till today.  Ample opportunities had been given to the respondents  

in this criminal Writ Petition to file their affidavits. The State of Jharkhand and Smt.  

Nirmala Choudhary (R-3) have filed their respective replies.    But Union of India  (R-

1) did not file the reply. The State of Jharkhand (R-2) through its Home  Secretary,  

Shri Sudhir Tripathi has admitted that there had been proper reservation for  Shri B.V.  

Rao, learned member  of CAT  in the said  guest house.  However, the incident  

occurred because Smt. Nirmala Choudhary (R-3) was not in a right frame of mind and  

was suffering from schizophrenia.  The armed constables along with her, obeyed her  

illegal orders and intimidated Shri B.V. Rao.  Smt. Nirmala Choudhary (R-3) had  

acted in haste under the effect of mental disorder.  She had been examined medically  

immediately, after the incident at Ranchi as well as at Bangalore and it has been

diagnosed that she was under “delusion disorder in partial remission”.  It has been  

assured by the State Government that it would  take all steps in accordance with law  

in the case arising out of the said incident.

7. The State of Jharkhand (R-2) had admitted  that every allegation and averment  

made by Shri  B.V. Rao was factually correct and Smt. Nirmala Choudhary (R-3) had  

not only misbehaved with Shri B.V. Rao  but scolded Mess Incharge also  who  was  

present there and asked him to leave the place immediately or else he would be sent to  

jail.  It is further admitted that the other eight security personnel misbehaved with Shri  

B.V. Rao  and  the said security personnel  had been put under suspension.

8. A  certificate of  Ranchi Institute of Neuro-Psychatry and  Allied Sciences  

(RINPAS) dated 3rd March, 2008 has been placed on record according to which Smt.  

Nirmala Choudhary (R-3) suffered from  “psychosis Paranoid Delusional Disorder”.

9. Smt. Nirmala Choudhary(R-3) has filed  the affidavit  dated 15th November  

2008 in reply and  tendered absolute and  unconditional apology for the incident.  It  

has been further stated that she was suffering from  mental disorder.  Therefore, she  

could hardly remember the actual incident which had taken place.  Thus, she had done  

nothing intentionally. In para 14 of her  affidavit, she has stated as under :  

“That it is most humbly submitted that on account of her mental imbalance and   delusionary frame of mind the deponent had no control over her power of reason or  over her behaviour particularly when confronted with strangers”

10. She has also placed several letters and press clippings showing that she had

always been asking  for her personal security apprehending the risk to her life though  

it might be because of her mental imbalance.

11. Shri U.U. Lalit, learned senior counsel, appearing as Amicus  Curiae, has  

brought  to the notice of this Court, the repeated incidents of abuses  and criminal  

intimidation with the members of the CAT  and placed the facts of the connected Writ  

Petition No. 74 of 2007  wherein the unfortunate incident occurred at the residence of  

Ms. Sadhana Shrivastava, a Judicial member of CAT, Patna Bench by the gangsters  

wherein one person also lost life.  However, we  are not taking note of the facts of the  

said case, as the said case is to be decided separately  and has been  delinked from this  

case.  However, it is evident that all is not good so far as the safety and security of the  

Members of the CAT  are concerned. Shri Lalit submitted that in the present case, a  

superior officer of the police has intimidated the judicial member of CAT  though she  

might be suffering from mental disorder.  However, there had been no response by the  

concerned Ministries in the Union  of India to the letter written by  the Hon’ble  

Chairman of CAT  dated 25th February 2008 giving reference to his earlier letter dated  

6th June, 2007  asking for providing security to the Chairman and Members of the  

CAT, this Court must ensure that proper security be provided to the Members  of the  

CAT  so that they may  be saved  from any untoward and  unsavoury  incident in future.  

It is an obligation on the part of the State authorities and all other concerned persons  

to provide a conducive atmosphere for dispensation of justice.  

12. Learned counsel appearing for the State of Jharkhand has assured the Court that

State Government would ensure safety of all the Members of CAT  so that such  

incident may  not be repeated.   

13. Mr. Naresh  Kaushik, learned counsel appearing for the Union of India has  

submitted that in view  of the prevailing circumstances, the Union  of India and  

respective State Authorities are under the obligation  to provide not only the minimum   

courtesy but also  adequate security to all the Members of the CAT.

14. Shri Raju Ramachandran, learned senior counsel appearing for Smt. Nirmala  

Choudhary(R-3) has submitted that whatever unfortunate incident had happened, it  

was unintentional and because of the fact that she (R-3) was suffering from  mental  

disorder. She is facing proceedings for criminal contempt initiated by CAT, Patna.  He   

has also suggested that proper security to all the Members of CAT  is required to  

protect them from any kind of humiliation and intimidation.   

15. We  have considered the submissions made  by learned counsel for the parties  

and perused the records.  Allegations of criminal intimidation and humiliation of Shri  

B.V. Rao  at the hands of  Smt. Nirmala Choudhary (R-3) and eight other police  

personnel along with her, cannot be said to be without any substance.  As the State of  

Jharkhand (R-2) had conducted a full-fledged  enquiry and submitted the report and,  

considering the fact that the writ petition and criminal contempt petition are pending  

in Jharkhand High Court and in CAT  Bench at Patna, we  do not consider it proper to  

express any opinion as to what action is required to be taken against the erring  

officers in respect of the said incident.   The concerned Court/Tribunal would proceed

in accordance with law and undoubtedly the cases would reach to their logical ends.  

It is, however, clarified that any observation made herein above, would not prejudice  

the case of either party.   It is for the State Authorities to decide as to whether Smt.  

Nirmala Choudhary (R-3) is fit to render any service to the State and if so, in what  

capacity.    

16. However, considering the fact-situation of this case and  other existing  

exceptional circumstances and  taking into account the suggestions made  by  the  

learned counsel appearing for the Union of India and for the State of Jharkhand,  it is  

directed that the Union  of India and  respective States would  provide minimum   

courtesy required and adequate security to all the Members of the CAT,  within a  

period of eight weeks  from  today.  Necessary instructions be issued to all the  

authorities/ persons concerned under the control of State Governments and Union  

Territories.  

17. Before parting with the case, we  express our thanks and gratitude to Shri U.U.  

Lalit, learned Senior Advocate for rendering assistance to the Court as Amicus Curiae.  

18. A  copy of this judgment be sent to the Registrar, CAT, Principal Bench, New   

Delhi for taking appropriate steps for implementation of directions issued herein.  

19. The writ petition stands disposed of accordingly.

… … … … … … … … … … … … . C JI.                (K.G. Balakrishnan)

………………………………….J. ( P. Sathasivam )

….…………………………….J. (Dr. B.S. Chauhan)

New Delhi; August 25, 2009.