It must be stated right at the outset that the ghastly manner in which an upright, dedicated, determined and disciplined Judge named Uttam Anand who was an Additional District Judge (ADJ) posted in Dhanbad district of Jharkhand was mowed down by an autorickshaw has sent shivers down the spine. The ghastly incident happened on morning of July 28 near the Magistrate colony of Dhanbad that was close to the Judge's residence. He was taken to hospitals by locals where he died.

It goes without saying that the whole nation has been caught by surprise and utter disbelief! It was initially believed to be an accident. But the video footage that was accessed and emerged later has made it crystal clear that the three wheeler which rammed him from behind while he was jogging on a deserted stretch of road in Dhanbad was done deliberately, dastardly and determinedly with clear aim to kill him! If this is not a direct assault on judiciary then what else is?

It must be underscored that the judiciary has to deal with this sensitive case on a war footing and must make sure that the culprits are not spared under any circumstances and are brought to book at the earliest! If time is wasted and for years the killers are not brought to book, it will greatly damage the unflinching faith of the people in the judiciary and even create fear among Judges that if they are killed the system also will ensure that the killers are not punished most promptly! This our nation cannot afford at any cost and so strict action has to be taken against the killers! No denying it!

Needless to say, ADJ Uttam Anand was dealing with sensitive cases involving dreaded criminals and so he was targeted as he had refused to buckle under any pressure from anyone! This alone explains why even Supreme Court Bar Association President Vikas Singh himself mentioned the incident before the Chief Justice of India NV Ramana and said that probe into the killing of a senior judicial officer must be entrusted to the CBI. Vikas Singh minced just no words to say it upright that the Judge was targeted for denying bail to a gangster and that amounted to 'a brazen attack on independence of judiciary'.

Who can deny or dispute what Vikas Singh has said who has an impecaable reputation and is not just a senior and eminent lawyer of Supreme Court having an experience of more than 30 years but is also the President of Supreme Court Bar Association and in past also was President and also former Additional Solicitor General of India from 2005 to 2008? He was designated a senior advocate way back in 2004. Vikas Singh further also added that the video of the incident was taken by someone who had prior knowledge of the attack.

Truth be told, after listening to Vikas Singh, the CJI NV Ramana said that he has himself spoken to the Chief Justice of the Jharkhand High Court who has taken up the matter on the judicial side. No doubt, even the CJI NV Ramana is himself quite concerned over this most ghastly incident in Dhanbad district of Jharkhand where an ADJ is murdered in broad day light by crashing a three heeler on him from behind! Jharkhand High Court has now taken suo moto cognizance of the incident. Very rightly so!

While emphasizing that it is the State's obligation to protect Judges to ensure that they can discharge their duties fearlessly, the Supreme Court on July 30, 2021 registered on its own a public interest litigation over the death of an Additional District and Sessions Judge in Jharkhand named Uttam Anand who was fatally knocked down by a vehicle. A Bench of Apex Court headed by CJI NV Ramana and also comprising of Justice Surya Kant took suo motu (on its own motion) cognizance of the death of judicial officer Uttam Anand and sought explanations from Jharkhand's Chief Secretary and Director General of Police (DGP) within a week.

While registering the suo motu case as In Re: Safeguarding Courts and Protecting Judges (Death of Additional Sessions Judge, Dhanbad)', the Court termed the incident 'unfortunate' adding that:
This gruesome incident has been widely reported in newspapers and video clippings of the incident are also being circulated on social media platforms, suggesting that it was not a case of simplicitor road accident. The court said in its order that:
Having regard to the seriousness of the issue and its larger ramifications, we direct the Chief Secretary and Director General of Police, State of Jharkhand to jointly submit a status report of inquiry vis-à-vis the sad demise of the judicial officer, Shri Uttam Anand, with the registery of this court within a week's time.

Adding more to it, the Bench said that it was aware of the suo motu proceedings already initiated by the Jharkhand High Court a day ago into the incident and clarified that the High Court should continue monitoring the matter there. The Bench also added that:
However we want to be appraised of the status of investigation. The Court also requested Attorney General KK Venugopal to assist it.

It cannot be glossed over that the Apex Court Bench also noted with concern that:
It has been brought to the notice of this court that similar incidents are happening across the country. Taking into consideration the duty and obligation of the State to create an environment and accord full protection to judicial officers as well as the legal fraternity so that they can perform their duties fearlessly, we deem it appropriate to take up this matter suo motu.

Truth be told, the Apex Court Bench observed that the State's negligence in the recent killing of Judge Uttam Anand who was posted as Additional District and Session Judge at Dhanbad cannot be ignored. The Bench opined that, being well aware that Dhanbad is a mafia area where several advocates have been killed and Judges have been attacked in the past, the State should have provided some protection to the judicial officer at least around their colonies. The Bench then very rightly lamented that:
Look at the unfortunate case of Judge who lost his life. And you can't ignore the State's negligence. It is State's failure. They know Dhanbad is a mafia area and we have several advocates were killed and Judges have been attacked. This is nothing new. Inspite of this, the State Government hasn't done anything. They must provide securities at least near by the colonies.

No doubt, the Bench therefore very rightly asked all States to respond and file a status report with respect to what kind of security they have provided to judicial officers. The Bench had earlier underscored in its order that:
As there is an urgent need for wider consideration and consequential detailed explanation(s) by all concerned, we will consider the desirability of issuing notice to all other states and Union territories on the next day of hearing. It must be apprised here that Attorney General KK Venugopal whose assistance the Apex Court Bench sought also in the present matter submitted most aptly that, Judges as a class are more vulnerable than bureaucrats. This is an open court where one person succeeds and other doesn't. There has to be given sufficient protection. There has to be a body which decides the extent of vulnerability depending on nature of cases. It is time that something serious is done, for vulnerability of Judges, specially those deciding famous cases.

Of course, the Bench then also made a very significant observation that:
There are several cases in the country which involves gangsters. Some cases have high profile people are involved as accused. In some states, the judicial officers including High Court Judges are threatened not physically but also mentally by sending abusive messages. This is a new trend in this country. When high-profile people don't get favourable orders, they start maligning the Judges on all forums. The Advocate General of Jharkhand Rajiv Ranjan informed the Bench that the government ha immediately constituted a Special Investigation Team to investigate the matter. He added that on the same day of the crime, the SIT had apprehended two persons who were in the auto-rickshaw which knocked down Judge Uttam Anand while he was on his morning jog. The Advocate General also said that the CBI has taken over the investigation pursuant to a recommendation made by the State Government. The matter will be next considered on August 9.

To put things in perspective, the CJI NV Ramana also told Attorney General KK Venugopal who was called by the Bench for assistance that:
In one or two places, the court ordered a CBI inquiry. I am very sorry to say that the CBI has done nothing. I think we have expected some changes in CBI's attitude. But there is no change in the attitude of the CBI. I am sorry to observe this but this is the situation. The Court asked the Attorney General to take personal interest in the issue so that the judiciary could get some help from the investigating agencies.

It is high time and now CBI too must pursue this high profile murder case of ADJ Uttam Anand with full vigour and make sure that the real truth comes out before the people. The CJI has directly questioned the CBI in not helping judiciary at all and so it must pull up its socks and get going full hog in this case. The probe by a Special Investigation Team (SIT) led by ADG Sanjay Anand Lathkar is being monitored directly by Jharkhand High Court and the team are tight-lipped about the progress of the probe. The SIT has set up 11 teams to probe all aspects of the crime by scanning call detail records of the accused, obtaining details of the persons who were close to the spot through mobile numbers active in that particular area at the time of the incident and identifying the person who passed by on a bike just after the incident. The biker allegedly tried to stop the autorickshaw at next crossing. The police team also interrogated the roadside shop owner where the auto driver and the passenger took liquor and the medicine shop from where they purchased a tablet. Truth must come out and one fervently hopes that all those who are behind this despicable, dastardly and deadly murder are brought to book soon and punished most strictly at the earliest! Under no circumstances should the culprits escape somehow and even those who masterminded it must be brought to book at the earliest! One fervently hopes that constant monitoring and strict supervision by the Apex Court Bench led by CJI NV Ramana and also the Jharkhand High Court will bring about the desired results soon!

It is a sad commentary on the existing state of affairs in our country that when an upright officer of court like ADJ Uttam Anand is brutally murdered in broad daylight then we don't witness any demonstrations of any kind by MPs and MLAs but if their phones are tapped then they are on their feets and misbehave most shamelessly even in Parliament itself and throw papers, snatch papers from Ministers and tear it up as we saw! Not just this we see how even foreign countries like US and UK who have nothing to do over what happens in our country try their best to jump in and fish in troubled waters and indulge in their usual India bashing and Centre bashing! Most disgusting!

This begs the moot question: Why should anyone get disturbed if one has nothing to hide from the public? It is wrong and illegal to tap phone but why politicians over the issue of privacy are most agitated and so sensitive that they start beating their chest over it! But, on the contrary, when a Judge is brutally murdered no one cares to even mention it once in Parliament or call a special session of Parliament to discuss it?

It is a no brainer that this is because they consider it a very trivial issue for which they should not get perturbed! It needs no rocket scientist to conclude that if our lawmakers in Parliament care a damn for the safety of our Judges then even God cannot save our country from turning into lawlessness where anarchy, criminals and mafias prevail and for this politicians cannot exonerate themselves from their liability nor can the Judges themselves nor the police who investigates the case as we will now be seeing in case of the departed great soul named Uttam Anand who was a very young and promising Judge and had lot to offer to our country but criminals didn't allow him to do so! Most unfortunate, most shameful and most disgraceful!

Bluntly put: Why was the security of this young, dynamic and upright ADJ named Uttam Anand compromised? Why do we see that our lawmakers scream over tapping of phones but when Judge gets brutally murdered then they don't consider it worthy enough to even discuss it in Parliament and vow to punish most strictly those culprits who carried out the most dastardly, cowardly and ghastly act? This has to change if we want our country to progress, prosper and become powerful!

It needs no Albert Einstein to conclude that our Judges have to be safeguarded from violent attacks because if this is not done then Judges will fear for their personal safety and procrastinate in front of powerful criminals and this we see also to some extent in our country even though many Judges are still upright and one such Judge named Uttam Anand we saw being brutally murdered in broad daylight! This should never have happened but it has happened in Jharkhand! One only fervently hopes that the culprits are quickly brought to justice and all those who are behind it are also brought to book and are not left scot free under any circumstances!

Of course, the brutal, brash and brazen murder of upright Judges as we see in the current case can never be taken lying down for if this is taken lying down then we will definitely witness many more such incidents in the coming days as the criminals will get more emboldened due to the inaction of the police and the judiciary if they fail to act in time! Can this be allowed to happen under any circumstances? Certainly not!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh