In a significant development, the Telangana High Court has ordered the suspension of K Jaya Kumar, a judge presiding over a special sessions court for the trial of MPs/MLAs.
This decision comes in light of a controversial "direction" issued by the judge to the police, instructing them to register an FIR against Chief Election Commissioner Rajiv Kumar and several others. The suspension was initiated on the administrative side following a complaint lodged by a senior official of the Election Commission of India.
The administrative action was taken after K Jaya Kumar acted on a private complaint filed under Section 200 of the CrPC by Raghavendra Raju. The High Court expressed its concern over the judge's actions, deeming them to be in "undue haste." The judge had ordered the registration of an FIR without conducting a preliminary inquiry or recording the statement of the complainant, which was deemed a serious lapse in procedural diligence.
The FIR, registered on August 11, implicated Telangana Excise Minister V Srinivas Goud, Chief Election Commissioner Rajiv Kumar, and other officials. The complaint alleged that Goud, an MLA from Mahabubnagar, had manipulated his 2018 state Assembly election affidavit by suppressing essential facts.
The sessions court had referred the matter to the police based on this private complaint, claiming that Goud had "tampered" with his election affidavit. Goud was named as the primary accused, with Chief Election Commissioner Rajiv Kumar and other officials listed as co-accused. The complaint suggested that these individuals had conspired with the minister to manipulate the affidavit and then closed the case without further action.
In response to this controversial incident, the High Court took the administrative decision to suspend Judge K Jaya Kumar under the provisions of the Telangana Civil Services Rules, 1991. This move was deemed to be in the "larger public interest," signalling a commitment to upholding integrity and accountability within the judicial system.
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