HON’BLE JUSTICE SALIL KUMAR RAI

Hon'ble Justice Salil Kumar Rai was born on 8th August 1965. He graduated in the law from Gorakhpur University Gorakhpur in the year 1988, registered as an advocate on 8th September 1988, practiced in the Civil, Revenue, and Constitutional area of the Allahabad High Court. He was appointed as an Additional Judge on 22nd September 2017. On 6th September 2019, he took oath as a Permanent Judge of the Allahabad High Court. The significant judgments passed by him are as follows:

On 26th February 2020, The Allahabad High Court stayed the demolition of the boundary wall of the Mohammad Ali Jauhar University in Rampur, Uttar Pradesh. The university was established by senior Samajwadi Party leader Azam Khan. The above-mentioned boundary wall of the respective university was said to be built on a disputed plot till 31st March 2020. The order was passed by Justice Salil Kumar Rai on a writ petition filed by Maulana Mohammad Ali Jauhar Trust of Rampur. The Uttar Pradesh government had disputed that the petition is not maintainable as the petitioner has a relief of moving the Sub-Divisional Magistrate (SDM) concerned for a reconsideration of the order issued by the Assistant Collector of Rampur on 22nd February 2020. On which Justice Salil Kumar Rai mentioned that "As the time for filing revision against the order dated 20th February 2020, passed by the Assistant Collector has not terminated yet and the constructions existing on the disputed plot are of an educational institution, hence in the interest of justice, it is directed that the construction being on the argued plot shall not be demolished till 31st March 2020. After hearing the Counsel for the parties involved, the court addressed the petitioner to file a review petition to the SDM concerned within one week. Therefore, the SDM will resolve it within a month. Consequently, until 31st March 2020, the demolition of the constructions shall not be carried out. The Rampur district administration had demolished a division of the boundary wall of the Jauhar University, which professedly raised an illegality on the government land, to provide a passage to the farmers of their plan on the university campus.

In the case of Rishipal vs. State of UP and 2 others, the Petitioner was elected as Pradhan of Gram Panchayat in the election held in November- December. After the petitioner was elected, he was convicted and sentenced to imprisonment for five years under Section 18 (c) (b) of the NDPS Act, 1985. After which an order was passed again for the vacancy of the post of Gram Pradhan. The petition for the case was dismissed by Hon'ble Justice Salil Kumar Rai. 

Again, on 16th December 2019 in the case of Gulab Chandra and Another vs. Civil Judge and 8 others the order was passed by the single division bench of Hon'ble Justice Salil Kumar Rai. The petition was filed with a prayer to direct the Civil Judge (J.D.), Kaushambi to decide the application for interim request filed by the petitioners within the time determined by the Allahabad High Court, but the order inaccurately records that the prayer is for the judgment of the original lawsuit itself. Acknowledging the happenings of the case, the Civil Judge (Junior Division), Kaushambi was instructed to decide the application, without granting any additional postponement to either of the parties, in case there is no legal restriction in deciding the above-mentioned application.

With the aforesaid direction, the appeal was disposed of. It was explained that the Court has not expressed any belief regarding the request of the petitioners.

These were some of the significant judgments given by Hon'ble Justice Salil Kumar Rai. He will be retiring on 7th August 2027.