Recently, former Madhya Pradesh High Court judge Justice Rohit Arya made headlines by joining the Bharatiya Janata Party (BJP) nearly three months after his retirement. This move has sparked considerable interest and speculation due to Justice Arya's prominent career as a judge and his involvement in several controversial legal decisions.
Early Life and Legal Career
Justice Rohit Arya, born in 1962, embarked on his legal journey in 1984 when he enrolled as an advocate. Over the years, he specialized in various practice areas including civil law, commercial law, arbitration, administrative law, service law, labor law, and tax law. His expertise led to his designation as a senior advocate by the Madhya Pradesh High Court in 2003. Throughout his career, he represented significant bodies such as the Central Government, State Bank of India, Telecom Department, BSNL, Employees State Insurance Corporation, and Income Tax Department.
Judicial Career
Justice Arya's judicial career began with his elevation as a Judge of the Madhya Pradesh High Court in 2013. Two years later, in 2015, he was sworn in as a permanent Judge. His tenure on the bench was marked by several noteworthy decisions that often attracted public attention and scrutiny.
Controversial Legal Decisions
One of the most controversial rulings by Justice Arya occurred in 2020 when he granted bail to a man accused of outraging the modesty of a woman under a highly unconventional condition. The judge ordered the accused and his wife to visit the complainant's house on Raksha Bandhan, a festival symbolizing brother-sister relationships in Indian culture. The accused was directed to bring a Rakhi thread and sweets, and the complainant was asked to tie the Rakhi on the accused's wrist. This decision was later overturned by the Supreme Court, which criticized the conditions as inappropriate and issued guidelines for handling bail petitions in cases related to crimes against women.
In another significant case in 2021, Justice Arya denied bail to comedian Munawar Faruqui and another individual accused of hurting religious sentiments. Citing Constitutional obligations to promote harmony and brotherhood among citizens, Justice Arya emphasized the state's duty to protect societal cohesion against divisive forces. However, the Supreme Court intervened and granted bail to Faruqui, overturning the High Court's decision.
Retirement and Political Affiliation
After retiring from the judiciary on April 27, 2024, Justice Arya took a surprising step into politics by joining the Bharatiya Janata Party (BJP). His decision to align with the ruling political party has raised questions about the intersection of judiciary and politics, especially given his previous rulings that touched upon sensitive societal issues.
Joining BJP
Justice Arya's formal entry into the BJP was marked by a ceremony at the BJP State Office in Bhopal, where he received his membership from Madhya Pradesh BJP Chief Dr. Raghavendra Sharma. This move underscores Justice Arya's transition from a legal career to a potentially influential role in state politics.
Public Reaction and Analysis
Justice Arya's shift to politics has generated mixed reactions from the public, legal fraternity, and political commentators. Some view it as a natural progression for a retired judge to contribute to governance and policy-making, leveraging his experience and legal acumen. Others, however, express concerns about the impartiality of judges who enter politics soon after their judicial careers.
Justice Rohit Arya's journey from the judiciary to politics highlights the complexities and ethical considerations involved when judges engage in political activities post-retirement. His tenure as a judge was marked by controversial decisions that shaped legal discourse on issues ranging from religious sentiments to women's rights. As he embarks on a new chapter in his career with the BJP, the implications of his transition for both the legal system and political landscape remain subjects of keen observation and debate.
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