The Court made the observation while considering a plea moved by several persons against K Cheriyakoya, a former sub-judge/ chief judicial magistrate at Lakshadweep, alleging that while he was presiding as a magistrate, he manipulated the statement of the investigation officer in a 2015 case in which the petitioners were involved.
After going through the facts of the case and allegations made against the former magistrate, the Court passed ‘extraordinary’ orders to place the magistrate under suspension pending enquiry so as to ensure that he doesn’t try to influence the witness or intrude into the documents.
The Court said that the possibility of him tampering with evidence could not ruled out since he was still working as the Secretary of the District Legal Services Authority
“It is true that whether a person is to be placed under suspension pending enquiry is to be decided by the Disciplinary Authority. But in extraordinary situations, extraordinary orders are necessary to protect the interest of justice. …. Therefore, I am directing the Administrator to place the 3rd respondent under suspension pending enquiry. Such a direction is necessary to protect the faith of the public in the system….This should be a lesson to all,” the judgment stated.
Source: Barandbench
