LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S. Kasimayan (officer)     01 May 2013

Accusing judge one the open court

During hearing of a criminal case in the CBI Court the CBI advocate asked for adjournment for a specific date  when the judge refused the advocate accused the judge in the open court that the judge had taken 15 lakhs to grant bail to one of the accused and during the investigation by the CBI, the said accused has given confession. Since every body present in the court was shocked and the judge was about to retire within 8 days. nobody made any complaint. Though the judge is very honest, since the system is not far, it seems he has not also made any complaint but because such open threatening all the judges are affraid of cbi in that district. now as per law is there way  to lodge proper complaint for such unbecoming behavior fo cbi advocate. 



Learning

 6 Replies

N.K.Assumi (Advocate)     01 May 2013

Do you want to complain against the CBI Advocate for Speaking the truth, or do you want to expose the truth about the Judge or punish the Accused who made the confession ?

S. Kasimayan (officer)     01 May 2013

sir the cbi advocate has no licence to accuse a judge in the open court. the issue is whether the allegation is true or not it is the property of accusing the judge in the open court demeaning the judiciary, can the advocate take shelter under truth. in this case I have alerady told the judge is very honest but he knew that the world is not honest they do not know to look at a problem. They always look everything with preconceived notion. That is why he did not make any complaint but as a public spiritted man how can we allow such a improper attidue of CBI advocate which throws poor light on CBI also 

advocate praveen (prop.)     01 May 2013

Dear,

if u r right, then made the complaint of the corrupt judge to the higher authority including law ministery and other respected min____ incluiding LG.

regards

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 May 2013

Dear Querist

this is allegation and by this is also a information of a Cognizbale offence and the police should got a approval from the state/Center and registered a FIR against this judge and this judge should face the trial if he is innocent then the court pass an order for his acquttel otherwise the accused will be punished.


Santosh Kumar Tiwari (advocate)     01 May 2013

First of all the question is that how the judge has listen such allegations. He should have order the contempt of court proceeding against the advocate. After that proceeding of contempt of court  started,  the advocate may file proper complained in police and lodge FIR regarding the alleged offence. As it shows that the advocate forgot his limit or even he has taken bribe to change the direction of the court to some other task. In my view such indiscipline act of advocate should be punished upto their practice in any court of India. And such corrupt judge if found guilty afterward also shold be punished haviely.

S. Kasimayan (officer)     02 May 2013

only SK Tiwari understood the issue. sir now the issue is the judge has not taken any steps and because of this kind of act of CBI advocate, every judge is under under pressure from CBI and vrtually destraying the very fabric of independent judiciary. Now as a litigant present in the court on the said date, how to complaint and where? Moreover CBI is very unfare orgination, will they harass me also? what is the safeguard. Because, the whole world is preconceived that is they hold the view that CBI is always right and others are always wrong. even in this issue when I specifically pointed out the judge is 100% honest the CBI advocate has done 100% anti social activities still very body wants to punish only the judge. You people do not know how difficult to function as judge. The answer to Tiwari question that how the judge listened to such allegation, is  perhaps as a judge, he knew that we are far away from the rule of law and only in the name of rule of law, we are governing ourself without any fare system in place to enfore real rule of law. What we have is rule of notion, if media projects something, that is right rest is either useless or wrong. Everybody will call the said honest judge corrupt, though innocent till he is aquitted, he will be called accused and once you are accused, you will be  treated like slave etc. That is why he has not taken any steps. However, now I am willing to take the extra pain to bring the truth to light what should I do. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query