Reform in judicial system


To,                           
Shri Deepak Misharaji
Chief Justice
Supreme Court of India
5, Krishna Menon Marg
New Delhi -110011
 
Hon’ble Sir,
 
I am writing to congratulate you on your taking over as the Chief Justice of Supreme Court of India. I am a senior advocate and a member of the District Bar Council of Jhabua – a rural tribal district in the state of Madhya Pradesh. 
 
Sir, your ascendance to the highest seat of judiciary comes at a critical juncture, when we as a nation are witnessing some major upheavals in our society. The populace at large is increasingly interconnected by way of social media services such as Facebook, Twitter, Whatsapp, and Blogosphere. The social medium provides a potent platform for amplification of messaging, be it real or staged. The messaging trends there reflect the growing frustration and impatience of the population with the status-quo of political apathy and uninhibited corruption.
 
Sir, the prevalence of corruption in our social fabric has shaken faith of our populace in most every institution. The exceptions are armed forces and judiciary, which are considered the remaining bastions of propriety, morality and impartiality. Judiciary in particular, as a guarantor of constitutional rights of the citizenry, has been and should always be held to a higher standard than other branches of governance. Even the slightest appearance of impropriety in the conduct of judiciary, therefore impeaches this faith and jeopardises the enshrined role of judiciary.
 
It is in this context that as an active member of the legal community, I have watched with concern the recent development in judiciary and events that have brought into question the propriety of our Justices – specifically, recent episodes of Justice Karnan and ADJ Shrivastava of Madhya Pradesh.
 
Sir, today we have no effective system and machinery for inquiry and redressal in the matter of complaints against Judges of High Courts and Supreme Court, other than through impeachment motion in the Parliament, which are highly politicized exercises in futility. In the absence of a suitable mechanism for grievance redressal, the populace increasingly takes their grief to the social media, which further serves to defame and destroy any faith in institutions – institutions that are vital to the functioning of our nation as a robust democracy. 
 
Sir, my request to you then is to institute reforms to ensure that judiciary of this nation is truly impartial, incontrovertible, incorruptible and deserving of the trust mandated by our Constitution.Your Honour, I would like to offer a few suggestions for your kind consideration: 
 
1. Setup constitutional forums for citizens to address grievances and conduct inquiries against all judges from the highest branches of the Supreme Court to the lowest branch of district and mofussil courts.
 
2. Propose an amendment in the Judges (Protection) Act ‘1995, Judges Inquiry Act‘1968 and Contempt of Court Act ‘1971. 
 
3. Create an all India Cadre of Judicial Service like IAS, IFS, IPS, etc., to provide better judicial services at all levels. 
 
4. Ensure transparency in jurisprudence by introducing video recording of proceedings in all the courts
 
5. Introduce 5 days working week and abolish the old vacation system throughout the country.
 
Your honor, cases decided by you in the past are a testimonial to your dedication and devotion to provide expected judicial redressal to each and every litigant. We look forward to your continued leadership and utmost hope that you will restore judiciary to its uprighteous glory.
 
I submit humbly and request your kind acknowledgment of this letter.
 
With utmost regard,
 
(J.C. Neema)
Sr. Advocate, District Bar Council,
Jhabua – MP
 
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