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The Bombay High Court Monday came down heavily on Home Departments special secretary Vineet Agarwal after the state government informed the court he no longer wished to continue as the appellate authority for hearing cases of externment and that he would only hear interim applications for stay.
Is he above the law? Justices S C Dharmadhikari and Gautam Patel asked.
The court questioned the officers action in not deciding externment appeals expeditiously as directed by it and choosing to hear only interim applications instead.
Last week,the court had rapped Agarwal for conducting himself in an uncivil manner and attempting to overreach the court while hearing an appeal against externment.
The court had said that in matter after matter it had set aside the externment orders passed by the appellate authority.
Additional public prosecutor Aruna Kamat Pai informed the court that Agarwal had written a letter to the state government and marked a copy to the Advocate General stating he did not wish to continue as the appellate authority.
The court said his attitude was genuinely distressful and asked if he expected the High Court to educate him.
Enraged,Justice Dharmadhikari further said that if he wanted harsher words from the court,it will make sure he gets it as a medal on his service record. We will divest him of all authority by our order, the court said.
The court was hearing a group of petitions challenging externment orders confirmed by Agarwal. Pai requested the court to adjourn the case as Advocate General Darius Khambata was not available. The court will hear the case on Tuesday.
Last week,the court had criticised Agarwal for handling an externment case from Sangli in a manner that was unbecoming of an officer of his rank. This is not how appellate proceedings in any matter,and most especially in matter affecting personal liberty and constitutionally guaranteed freedoms,are to be handled, the court had then observed.
The judges had also said that in his orders,Agarwal had persistently misread the law. These orders reflect a formulaic approach involving what is little more than a cut-and-paste job. Stock phrases are used,even entire paragraphs,regardless of the merits of the matter, the court had observed.
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