Many judges need training over jurisdiction issue- Gujarat high court

AHMEDABAD: Apparently angry over interpretation of law by lower court judges in regards with anticipatory bail, the Gujarat high court has very sarcastically said that the judges require training in this subject.

Quashing an order passed by a Patan court, Justice Anant Dave observed that such judges "having misconception about the provisions of the section 438 of the CrPC" are made to attend workshop, if conducted by the Gujarat State Judicial Academy on the subject - 'Exercise of jurisdiction under 438 of the Code'.

The Patan judge had refused anticipatory bail to one Bhagubha Jadeja in connection with forgery and criminal conspiracy case. He moved the HC, which cited the Supreme Court order in which the apex court highlighted how pre-arrest is avoidable except in extraordinary circumstances.

Citing the SC's advice to lower judiciary to use its power to protect liberty of a person, Justice Dave observed that many judges do not understand the limits marked by the apex court and the law itself and exercise their powers in the name of discretion. The judge was of the opinion that such judges require fresh training and they are required to attend workshops in this regard.

Justice Dave has also asked the high court registry to place this order before the Chief Justice for his perusal.