Promotion of Surat CJM who Convicted Rahul Gandhi & 67 More Gujarat Judicial Officers Stayed by SC

New Delhi: The promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma was stayed by the Supreme Court on Friday.  Harish Deshmukh had recently convicted Congress leader Rahul Gandhi in a defamation case.

“We stay the implementation of the promotion list. Respective promotees are sent to their original post which they were holding prior to their promotion,” the order said.

The CJM Surat on March 23 had sentenced Gandhi to two years in jail in a 2019 criminal defamation case over his “Modi surname” remark.

A bench comprising Justices M R Shah and C T Ravikumar said the promotion of the judicial officers was in violation of the Gujarat State Judicial Service Rules 2005, amended in 2011, which states that promotions must be made on the principle of merit-cum-seniority and on passing a suitability test.

“We are more than satisfied that the impugned list issued by the high court and the subsequent order issued by the state government granting promotion to district judges are illegal and contrary to the decision of this court. The same are, therefore, not sustainable,” the bench said.

The top court passed an interim order staying the promotions and directed that the matter be heard by an appropriate bench as Justice Shah is retiring on May 15.

Senior civil judge cadre officers of Gujarat, Ravikumar Maheta and Sachin Prataprai Mehta had challenged the selection of the 68 judicial officers to the higher cadre of district judges.

“We do not appreciate the haste and hurry in which the state has approved and passed the promotion order… when this court was seized with the matter and a detailed order was passed while issuing the notice,” the bench said.