Registrar’s complaint, Sikkim ex-CJ letter unravelled HC crisis

THe administrative turmoil that erupted in the Sikkim heights margaret margaret court before this month had, in fact, been preceded by a formal complaint from the court’s recorder general and a subsequent intervention sought by then chief justice Biswanath Somadder from Chief Justice of India Surya Kant, official correspondence accessed by Hindustan Times shows.Justice Somadder wrote to the CJI on December 13, flagging what he described as the “conduct” of justice Meenakshi Madan Rai –– currently the acting chief –– a day after the registrar general of the Sikkim high court, Prajwal Khatiwada, complained of being “humiliated and mistreated” by justice Rai in her chambers. The letter was sent on justice Somadder’s penultimate working day, hours before his retirement on December 14.Notably, Khatiwada was transferred out of the high court registry and posted as a district and sessions judge by an administrative order dated December 15 –– the very day Justice Rai assumed charge as acting chief justice. The transfer followed close on the heels of Khatiwada’s December 12 complaint.The developments assume significance in light of the Supreme Court collegium’s December 18 decision to bypass justice Rai –– the senior-most judge of the Sikkim high court –– while recommending justice A Muhamed Mustaque of the Kerala high court as chief justice of the state.As reported earlier by HT, the collegium’s decision followed a flare-up of administrative orders issued by justice Rai soon after she took charge as acting chief justice on December 15, including the withdrawal of security and official facilities, including his vehicles, drivers and residential staff, extended to justice Somadder.In his December 13 letter, justice Somadder told the CJI that he was “disturbed” after perusing the registrar general’s complaint dated December 12, which detailed an incident in which justice Rai allegedly used unwarranted and humiliating language towards Khatiwada in the presence of a junior judicial officer.“Considering the gravity of the contents of the said letter, I deem it fit and imperative to bring the same to Your Lordship’s kind notice,” justice Somadder wrote, adding that the registrar general’s letter “speaks for itself”.The registrar general’s complaint recounts that he was summoned to justice Rai’s chambers on December 12 in connection with arrangements for the full court farewell reference marking Justice Somadder’s superannuation. According to the letter, Justice Rai accused the registry of taking “unilateral decisions”, shouted at Khatiwada, asked him to “keep your feet on the ground”, and eventually ordered him to leave her chambers, threatening to call security.Khatiwada, a district and sessions judge with over two decades of service, wrote that the incident had caused him “significant distress” and undermined his dignity and self-respect, particularly as it occurred in the presence of a junior judicial officer.Justice Somadder, in his December 13 letter, also referred to two earlier confidential communications he had sent to the office of the CJI –– one in November 2022 to then CJI DY Chandrachud, and another in May 2025 to former CJI BR Gavai, raising concerns about justice Rai’s conduct.Those earlier letters, people aware of the matter said, related to an allegation of interference and influence in the selection of a family member of Justice Rai as a judicial officer in the state -- an issue justice Somadder described as touching upon the “basic integrity of the judicial institutions”.In his May 2025 letter to then CJI Gavai, which was also marked to Justice Surya Kant, Justice Somadder noted that more than two-and-a-half years had elapsed since his first confidential communication to CJI Chandrachud, without any response or visible action. Given the seriousness of the allegations, he said he considered it “prudent” to resend the earlier letter for consideration at the highest level.These communications came against the backdrop of the sweeping administrative overhaul undertaken by justice Rai immediately after assuming charge as acting chief justice on December 15, including the reshuffling of the high court registry and district judiciary, the withdrawal of Justice Somadder’s security cover, vehicles and drivers, and a direction asking him to vacate the official residence.As reported earlier, the situation escalated rapidly, prompting intervention by CJI Kant and some senior Supreme Court judges. Justice JK Maheshwari, a former Sikkim high court chief justice and now a Supreme Court judge, stepped in to de-escalate matters. Some of the orders were subsequently rolled back, including the restoration of the official vehicle and the deferral of the eviction.While the immediate crisis was contained, the episode is understood to have weighed heavily on the collegium’s assessment, ultimately costing justice Rai her chance to be appointed as the regular chief justice of the Sikkim high court or being considered for any other high court.As reported by HT on December 19, with her retirement due in July 2026, justice Rai was under consideration for appointment as a full-time chief justice of the same court. Under the memorandum of procedure governing appointments and transfers in the constitutional courts, a judge with less than a year left before retirement may be appointed chief justice of their parent high court, whereas all other such appointments are required to be made from outside.