Chief Judicial Magistrate Suspended for doing Naagin Dance

Celebration leads to suspension. Judges were suspended for grooving on music and doing Naagin Dance in official uniforms. 

Like others, you must have also come across the viral video of the Chief Judicial Magistrate Pankaj Jaiswal performing naagin dance with his clerk. As much as the video went viral and the people’s reaction to it attracted attention. This thing needs to be analysed with respect to the authorities of our country and their conduct.

Let us go through this case and understand the reason for the suspension of the Magistrate was justified.

Background

A farewell party was held on the occasion of the retirement of District Judge Yogesh Dutt Shukla in Madhya Pradesh.  The party was attended by several judicial officers as well as subordinate staff and clerks. Later, at that party, Chief Judicial Magistrate Pankaj Jaiswal was seen to be doing naagin dance with one of the clerks. He dared to perform such an act not only by himself but also with two other lady judges involved in the dance in their uniforms.

Everyone loves some form of entertainment which includes dancing. Tuning well with the music and dancing to its tune is one of the delightful experiences to have. However, how did dancing lead the judicial officers to be suspended? 

Ethics and Code of Conduct of Judges

Judiciary acts as a custodian of constitutional rights as well as obligations. It cannot be above the accountability of the public. Both accountability, as well as the independent judiciary, are interlinked. It was stated by Hon’ble Justice S.H Kapadia, ‘when ethics is talked about, judges generally comment on the ethics of the politicians, students as well as professors and others. However, it must be for the judge too. Because ethics should not only be the constitutional morality but also the base of ethical morality.’

The concept of judicial accountability can be properly implemented when judges necessarily follow a code of conduct which can be called ethics for judges.

Judicial Magistrate must conduct themselves in a certain way when they are performing their duty or on any such occasion where they are in their uniform. 

Therefore, it can be implied from the above facts of the case that, the act of the judicial officer was not appreciable as it violates the ethics of judges to conduct themselves in a certain manner. A judge must be cautious in their outlook and approach. The Supreme Court in Ram Pratap Sharma v Daya Nand issued a note of caution to the effect that it is proper for a Judge not to accept any invitation and hospitality of any business or commercial organization or any political party or any club or organization run or sectarian, communal or parochial line.

Decision of High Court

Suo moto cognizance was taken by the High Court for the dishonourable act of the magistrate as well as the clerks which led to the suspension of all the Chief Judicial Magistrates involved and the clerk. The judges were wearing their uniforms when they danced to the beat of the song. The Chief Judicial Magistrate performed a naagin dance with one of the clerks and later two lady judges also took part in the dance. Based on the findings and investigation of the matter, the Chief Judicial Magistrate, as well as the clerk, were suspended by the High Court.

Conclusion

A 16-point code of conduct was adopted by the Judges of the Supreme Court as well as the High Court to ensure proper conduct among the members of the judiciary. This 16-point code is referred to as ‘The Restatement of Values of Judicial Life’. One of the stipulated 16-point code of conduct that can be interpreted in the light of the above case is a degree of aloofness consistent with the dignity of his or her office must be practised by the Judge. And at all times a judge must be conscious of him or her being under the vigilance of the public. Thus he or she should not be involved or act in such a way that is unbecoming of him or her holding a higher position and public esteem.

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