Judicial transfer request over Dharmasthala burials case: The judge who imposed a media silence order is seeking a case transfer, citing reasons.
Bengaluru Judge Recuses Himself from Dharmasthala Temple Case, Requests Transfer
Judge Vijay Kumar Rai, an Additional City Civil and Sessions Judge in Bengaluru, has requested that a defamation case involving the Dharmasthala temple be transferred to another court due to a potential conflict of interest.
The conflict arises from Judge Rai's alumni connection to SDM Law College, Mangalore, which is run by the Dharmasthala Manjunatheshwara Trust. This connection was highlighted by journalist Naveen Soorinje.
After the matter was brought to his notice, Judge Rai recused himself from the case and transferred it to another court for disposal according to law. The recusal followed established judicial practice, where a judge steps down from hearing a case if there is a reasonable apprehension of bias or conflict of interest.
The Honourable Principal City Civil and Sessions Judge approved the withdrawal of the suit by Judge Rai, and the case records have been forwarded to the designated court (XVII Additional City Civil and Sessions Judge, Bengaluru).
The defamation suit was filed by Harshendra Kumar, the brother of the Dharmasthala Temple's Dharmadhikari (hereditary head) Veerendra Heggade. Kumar has filed a suit seeking to block various online content related to allegations made by a sanitation worker that hundreds of people were murdered and buried at the premises of Dharmasthala.
On July 18, Judge Vijay Kumar Rai issued an ex parte interim injunction restraining the publication of any such content. A Special Investigation Team (SIT) is currently probing a criminal case registered in the matter.
Notably, the Supreme Court refused to directly entertain a challenge to the media gag order by a Kannada YouTube Channel named Third Eye and directed it to be pursued before the Karnataka High Court first. The High Court quashed the media gag imposed on Kudla Rampage on August 1.
Soorinje, who was affected by the media gag passed by Judge Rai on July 18, as certain interviews he conducted about the history of the Dharmasthala Temple were ordered to be taken down, had requested his lawyer to take steps so that this defamation case is posted before another judge.
However, the lawyers representing Harshendra Kumar had opposed any such move, arguing that the case should not be transferred only based on a memo. Judge Rai has never spoken to the plaintiff, Harshendra Kumar, directly or indirectly, at any time.
Judge Rai believes that justice must be seen to be done to ensure trust in the justice system continues. A formal letter has been submitted with this request. The case is now awaiting further orders from the Chief City Civil Sessions Judge.
- Amidst the ongoing controversy surrounding the Dharmasthala temple case, there seems to be a growing interest in related topics such as politics, general-news, and crime-and-justice, as the case involves a defamation suit, a media gag order, and a Special Investigation Team probing criminal allegations.
- The transfer of Judge Vijay Kumar Rai's defamation case involving the Dharmasthala Temple to another court is not just a matter of politics or crime-and-justice, but also a critical issue of general-news, as it pertains to the maintenance of integrity and impartiality in the judicial system, upholding the principle that justice must be seen to be done.
