The J-K administration has dismissed judicial officer, Rajesh Kumar Abrol, by invoking Article 311 of the Constitution of India after he was convicted and sentenced to ten years jail and fined Rs 50000 for rape and cheating of a woman who had sought legal help from him in 2018.
The order issued read, “in terms of Proviso (2) to Clause 2 of Article 311 of the Constitution of India and on the recommendations of the Full Court of High Court of Jammu and Kashmir and Ladakh, the Lieutenant Governor is pleased to accord sanction to the dismissal of the services of Rajesh Kumar Abrol as Civil Judge (Senior Division)/Sub Judge (under suspension) w.e.f. 21-10-2021,” reads a government order, a copy of which lies with GNS.
“It is not only the duty of the court, but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only in the crime, but also the criminal,” the court had said, adding, “Furthermore, deterrence and reformation are primarily social goals.”
It is the duty of the court to impose adequate sentence, for one of the purposes of the requisite sentence is protection of the society and legitimate response to its collectively concise, the fast track court judge had said. “The paramount principle that should be the guiding laser beam is that the punishment should be proportionate,” the judge said, adding, “It is answer of the law to the social concise. In a way, it is an obligation to the society which has reposed confidence and faith in the judicial system of the country to curtail the evil while imposing the sentence.”
On October 21, the court had convicted the judicial officer for the offenses under section 420 (cheating) and 376 (rape).
The court had concluded by quoting a phrase: “Persons of influence, keeping in view their reach, impact and authority they wield on the general public or the specific class to which they belong owe a duty and have to be more responsible they are expected to know and perceive the meaning of authority and law with experience and knowledge. It is reasonable to hold that they would be careful in their lives and the reasonable man’s test would always be taken into consideration.”
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