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(Guest)

Can a case be filed against passing malafide judgment ?

 

Request to Learned members

 

Please give your expert opinion on the following matter;

 

If any person while on the post of a judge passes the judgment base on fabricated and baseless evidence in that case can a case be filed against the person who has passed a malafide judgment by misusing status of the post?



Learning

 82 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2010

Sir,

No case can be filed against the person.  You can file an appeal again that judgement, your greviences will be heard in an appeal.


(Guest)
So the misconduct will have no stop? Very unfortunate.

niranjan (civil practice)     14 October 2010

Unfortunately. There is no accountability.


(Guest)

 

So, what is FREEDOM? And, where is DEMOCRACY - RULE OF PEOPLE?

 

Still, it is RULE OF DICTATORS.

 

How can we implement our democracy - THE RULE OF PEOPLE when the MIS-CONDUCTORS will be thrown behind jail for RASHTRADROH of dishonouring the Constitutional duties?

 

1 Like

(Guest)

 

 

If our courts will say like this that "yes,it is true on faith the Brahmins by torn the head of Brahma and Shoodras are born from the bottom of legs of Brahma so how the LEGS and HEADS will be stand on equal platform?

 

Conclusion is that these "Faithfuls" are behind defuse of our democratic constitution and non-implementation of democracy.  NO?  HOW NO?  Anyone have ability to answer this - NO?

 

Those who don't want to be stand at equal stage please do not open your eyes.

 

Those who want to stand on equal status please come up.


(Guest)

Only an appeal can be filed.


(Guest)

 

Before their BIG BROTHERS ?  Ha.. Haa... what a joking establishment !!  A CRYING JOKE - Those who listen from out side they LAUGH and those who are under going in it they CRY. 

Kasturi Narasa Raju (Consultant HR & Legal)     15 October 2010

no case can be filed against a judge when he delivers a judgment in the course of his official activity.  only an appeal lies.

if the judge has acted illegally and it is repeated the HC will take care of the same.

knraju

Parthasarathi Loganathan (Advocate)     15 October 2010

Only when the Judges err in their verdicts the concept of Appeal takes birth.  It is as simple as that.

Sarvesh Kumar Sharma Advocate (Advocacy)     15 October 2010

New Delhi In a rare outburst, a sitting High Court Judge has alleged that “a vocal and aggressive Executive Government is attempting to regulate and take over Judiciary, even by corrupting the Judiciary.”

This is part of the Republic Day greetings on his blog posted by Karnataka H C Judge D V Shylendra Kumar. He has been in the news ever since he took on the Chief Justice of India on the issue of declaration of assets.

Justice Kumar writes: “Inept and corrupt Judiciary is playing second fiddle to the Executive. It is only the legislature albeit corrupt, rudderless and inefficient, has nevertheless on an occasion or two, that has adhered to its assigned role, has occasionally flasshed sparks of brilliance by competent performances, is holding out a ray of hope!”

Of the three organs of the State, he says, “(the) judiciary has to take the major share of the blame, as the Judiciary by not being alright and upright by itself, has failed to check and keep the other two organs of the State in control and in the right mode.”

The judge, who took to active blogging late last year, accuses politicians and political parties of frittering away the hard-fought independence achieved during the freedom struggle.

“We are losing our values, we are mortgaging our country...to the dictates of the developed countries,” he writes.

Calling the media “the biggest educator and moulder of public opinion,” he said that it had been “taken over by vested interest...do not remain neutral or objective, but are corrupted and biased

Sarvesh Kumar Sharma Advocate (Advocacy)     15 October 2010

Also See-


 

History of Corruption in Indian Judiciary since Independence: 1947 - 2003

1949: Mr. Justice Sinha  only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him "guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…" [008.07]. 
Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.
Peoples' Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of India then only will scare to get into any scam nor Criminals will think of becoming Legislators.

1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ]

1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ]. 
 Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed " To Do Complete Justice" by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court !
Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ]

1995     A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld.

1996     AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement

1994 to 1997:  A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting "special" treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion.

2000  A.S. ANAND: As Chief Justice of India. (a)  He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A]  [049.05B]  [049.05C]  [049.05D]  [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani's " BIG EGOS, small men ".  (b) Supreme Court , while he was CJI,directed   a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani's " BIG EGOS, small men ".  

2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought s*xual favours for himself and for Justice Arun Madan to "fix" a case in her favour. Justice Mr.· Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned

CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are  M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him.

2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn't take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &· Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI  filed its report. Gave clean chit.

March 2003 - Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials  in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records 


E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: " The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India"
 
Following Questions / Issues, inter alia , arise


( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its' Impeachment Order had held thus:"While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent." [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami's case , Justice Ramaswami had held that " Inquiring Committee" as well as " Inquiry" have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by 3 Judges Committee
thus" Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority."
(c) It will not be out-of place to mention here that Two of "Three Judges Committee " appointed by CJI in Re. V. Ramaswami's case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal .
( d )
If so how sure can we be that " 3 Judges Committee " appointed to invetigate " 3 Judges Mysore Sex Scandal " were un-biased or were above Board & have presented an accurate Report ?

Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges' Mysore Sex Scandal
( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee " ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars of Constitution " ?.
(d)
How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA violators & Bride Burners…" ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that "in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates' places…drink…dine…" (1990 Cr LJ 2179 ) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ?


LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India's Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?

Conscience of Judiciary Shaken: Supreme Court of India: "Police Raj" it said when Judges all over India went on a kind of strike; for the reason that a District Judge in liquor prohibited Gujarat State in 1991; drunk & misbehaved , police acted as per law or so. Conscience of Judiciary was shaken the Court claims. What was it to do with Judges all over India? Have they ganged-up as One to help each other & continue crimes but still go unpunished? Punish Dutiful Police?

"Police Raj" to "Judges Tyranny": Judges serving all over India have formed an Assocition called " All India Judges Association ". At the time when One Party System in Parliament managed by Congress was to give way to Multi-Party System (1989 & 1991 General Elections); Supreme Court gave Judgments in 1992 & 1993 upholding that Judges of subordinate courts of India are not Employees. They are like Ministers / M.L.A.s but not on par of Civil Servants [037.02][037.02A ]. Inter alia Court said Central Govt. should set-up " All India Judicial Services " & " National Judicial Pay Commission ". Supreme Court continuously monitored to see that Pay Commission (FNJPC) is constituted but failed to monitor setting-up of All India Judicial Services [055.02 ]. What Judges want is more Liberty / Perks / Powers but no liabilities / Duties. Un-bridled they want to be as Judges of Supreme Court & High Court. FNJPC was also given power to give Interim Relief to Judges. Non setting-up of National Judicial Academy [008.15 ] & All India Judicial Services is nothing but Fraud on Constitution & Supreme Court

Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of India to decide whether to vote for good or bad person in elections. But this 50 years belated Judgment came as Bolt from Blue to politicians. In this perod Aliens, Anti-nationals, Criminals & all sundries had a field Day.

But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.

Sarvesh Kumar Sharma Advocate (Advocacy)     15 October 2010

Hope-

A Parliamentary Standing Committee seeks to remove the pro-Judiciary bias in the Judges (Inquiry) Bill, 2006.

THE Judges (Inquiry) Bill, 2006, can be traced to a serious admission by the government that it has no constitutional competence to set up a committee to look into allegations levelled against judges of the higher judiciary. Under the Judges (Inquiry) Act, 1968, only the Lok Sabha Speaker or the Rajya Sabha Chairman can admit a complaint relating to the misbehaviour or incapacity of a judge and constitute a committee to inquire into it. The Bill seeks to create an institutional framework to deal with complaints against judges of the Supreme Court and High Courts by replacing the 1968 Act.

The Bill, introduced by the government in the Lok Sabha on December 19, 2006, was referred to the Standing Committee on Personnel, Public Grievances, Law and Justice. The 26-member committee, chaired by E.M. Sudarsana Natchiappan of the Congress, has presented its report after eliciting public opinion and hearing the oral evidence of 25 individuals representing different organisations and experts

Democratic Indian (n/a)     15 October 2010

We have become a banana republic.

(Guest)

Sarvesh ji, at a glance, first I would like to express "Thanks to you" for efforts you took though I have yet to go through it.  I can say that it is a good information you have provided here for us.  I deeply believe that if we all will shake hands we can really change the situation.


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