Guwahati: Promotions of at least 68 judicial officials of Gujarat including the Surat Chief Judicial Magistrate who convicted Rahul Gandhi in a defamation case were stayed by the Supreme Court of India terming them as illegal.
Surat Chief Judicial Magistrate Harish Hasmukhbhai convicted Congress leader Rahul Gandhi in a defamation case sentencing him to two years imprisonment.
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The promotions were stayed by a Bench led by Justice MR Shah.
The bench said that the promotion of the judicial officers violated the “merit-cum-seniority principle”.
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The Bench said, “We are more than satisfied that the impugned list issued by the High Court and the subsequent order issued by the State government granting promotion to district judges are illegal and contrary to the decision of this court. The same is, therefore, not sustainable.”
It added, “We stay the implementation of the promotion list. Respective promotees are sent to their original post which they were holding prior to their promotion.”
Justice Shah further directed another bench to take up the matter after the interim orders to stay the promotions were passed.
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He directed another bench to take up the matter as Justice Shah is retiring on May 15.
It may be mentioned that the Supreme Court, which had previously issued notices to both the State government and the Registrar General of the Gujarat High Court on April 13th based on the petition of two judicial officers, expressed strong disapproval of the decision and order made on April 18th to promote 68 officers, despite being fully aware of the pending case before the court.
The Court criticized the State government’s actions, stating that it was regrettable that despite being informed of the ongoing proceedings and the Court’s decision to schedule the hearing for April 28th, 2023, the government proceeded to issue the promotion order on April 18th, 2023, after receiving notice from the Court.