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Dharmesh Jivanlal Gurjar v. State of Gujarat

In order to prevent any tampering with court documents, the Gujarat High Court on Wednesday gave the Registrar of the High Court an urgent directive to finish strategically installing CCTV cameras in the Registry.

The Registrar notified Justice Sandeep Bhatt, a lone judge, that someone had engaged in “mischief” with the obvious goal of preventing a case from being listed on the judge’s “admission board.” This is in response to Justice Bhatt’s October 9 declaration that he would issue strict orders in the relevant case.

“Therefore, the petitioner, who is a practicing advocate, is also under the scanner, as he and other advocates of his near circle are known for indulging in such practices, more particularly in the Debts Recovery Tribunal (DRT), of playing with the legal process and also playing mischief by indulging in the unfair practice,” the judge wrote in his ruling.

The Court declared that it is obvious that this is an attempt to obstruct the administration of justice.

“In particular, this activity cannot be allowed in the Registry of the State’s highest court. Such dishonest people ought to be held accountable,” it continued.

The judge did point out that not all areas of the registry could be photographed because CCTVs were not installed correctly. Consequently, it was not possible to gather conclusive evidence in the current case.

The case of Dharmesh Gurjar, who was first accused of requesting a ₹2 lakh bribe while serving as an appointed commissioner for the Debts Recovery Tribunal (DRT) in Ahmedabad, was being heard by the court. In 2020, he submitted a petition to have the charges against him dropped.

Gurjar attempted to withdraw the plea after Justice Bhatt stated on October 9 that the High Court was not inclined to consider it.

On the other hand, the judge had explicitly stated that the withdrawal would come with an order for the Gujarat Bar Council to file a complaint against the attorney for professional misconduct. The case was then listed on Justice Bhatt’s roster on the “admission board,” which deals with new cases. The judge did observe, however, that there had been tampering with the Court’s records because the same matter was later posted as item 200 in the “final hearing board.”

Since the Court typically hears cases up to item number 70 in the daily list, the judge explained in his order from October 26 that the purpose of this mischief was to avoid a hearing.

In the order passed on Wednesday, the Court noted that in 2016, the then Chief Justice of the High Court had granted permission for installing CCTVs strategically in all the judicial departments of the Registry with a view to ensuring the safety of judicial proceedings. 

Subsequently, on April 19, 2023, the Registrar was given documents detailing the manner of purchase, supply, installation, commissioning, operation, and maintenance of CCTVs.

“However, for reasons best known to the Registrar (SCMS & ICT), it transpires that no further development has taken place, though the matter has such urgency and seriousness that, in spite of the specific approval given by the Chief Justice for almost eight months, this is a very disturbing state of affairs on the side of the administration of the High Court,” Justice Bhatt stated..

The court further stated that had such cameras been placed throughout the building, the true offender would have been quickly discovered and given the opportunity to be charged. Regretting that despite this incident, no progress has been made to install the cameras, the Court directed,

“This cannot be allowed to continue or tolerated in the future. Consequently, permit the Registrar General to accompany him if the Registrar (Vigilance) and (Judicial) take appropriate action in the matter by working with the Chief Justice’s additional secretary to expedite the installation of CCTVs in every corner of the Registry, strategically covering every table and in operational mode, as well as in the courtroom if necessary.”

This exercise was directed to be completed by January 15, 2024. 

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