J Suryakant High Court fabricates Judicial orders alleges Chief Justice

Justice Binod Kumar Roy 
Chief Justice bungalow,

M G Road, Guahati -781001 (Assam)
Phone ; 2540445 2540123 (O) 
2600911, 2600922(R) Fax 0361 – 2604122
(By Fax & Speed Post)
DO No CJS/GHC/100-05 ; May 6, 2005

Dear Brother Chief Justice,

          This is in relation to the judgment dated February 14, 2005 in CWP No 6916 of 2004 (Niraj Sharma V. Union of India and others) which was pronounced and signed in Court No 1 by Hon’ble Mr Justice Surya Kant and Me, which is the Chief Justice’s Court of Punjab & Haryana High Court, after exchange of their drafts. After we had delivered our judgments, a copy thereof, on my direction for our records was handed over to each of us by Mr N. C. Kinra, who was the court secretary of my Court and the entire records of the case were sent by Mr Kinra on that very day to the secretary of Hon’ble Justice Suarya Kant, as per practice, as told to me by Mr Kinra       as it was he who had delivered the main judgment. The law as I know is that after delivery of their judgments, the judges become functus officio in the case and for any correction or addition in the delivered judgments the cases are required to be listed in the cause list and then only any correction or addition can be made in the Court in presence of the parties.

2.       A couple of days ago, I came to know of passing of an alleged post script order bearing dated Fenruary 14, 2005 of Hon’ble Mr Justice Surya kant in CWP aforementioned of which I was not made aware by him till today. I do not know as to when it was prepared, which was not pronounced in court by him on February 14, 2005.

3.       I had left Chandigarh around 10 AM of Tueday dated February 15, 2005 to join as Chief Justice of Gauhati High Court and I had remained  Chief Justice of Punjab & Haryana High Court till about 10 AM of February 21,2005, when I took oath as Chief Justice of Gauhati High Court.

4.     As my silence may be misconstrued, I consider imperative in the interest of Justice on my part to clarify the facts and make the records straight, hence, this letter even though I had nothing to do with the affairs of your High Court on my becoming Chief Justice of gauhati High Court.

5.       I further think that it would be expedient in the interest of justice that this letter is kept on the record of the aforementioned CWP. I hope and trust that you will direct its placement on the record of the said CWP.

                                       With regards

                                       Yours sincerely,

                                                           

                                       (Binod Kumar Roy)

Hon’ble Mr Justice D. K. Jain,

Chief Justice of Punjab & Haryana High Court,

Chandigarh (UT).

Placed before me by the RG at the residence. As desired, be kept on the record of CWP 6916/2004 SD/- DK Jain CJ/ 6/5/05 8.30 PM.

AR (W) / 7/5/05 DR (J) /AR (Writs)  957/DRJ /7.5/05 (2 copie)

Sent for compliance to W-15 sd/ 7.5.05.