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B.K.GUPTA... (ADVISOR)     19 August 2012

Justice katju's views very appropriate


Katju objects to contempt case against Mamata

Aug 18, 2012
 Press Council of India chairperson Markandey Katju has disapproved the initiation of contempt proceedings against West Bengal chief minister Mamata Banerjee for her remarks against judiciary.
Speaking to a television channel, the PCI chairman said there was nothing “original” in her statement as former Chief Justice S.P. Bharucha and several other judges have also talked about corruption in judiciary. “Yes”, he said when asked if he believed that judiciary will be well advised not to undertake contempt proceedings as it would then open a can of worms. “The only time I take contempt proceedings is when somebody jumps to my dais and picks up my file and runs away with it. Then I will not be able to decide the case,” Mr Katju said.
He noted that “if she meant that some judges are corrupt, it is true. It is true that corruption has seeped in judiciary which is unfortunate. But, of course, there are many upright judges also.”
He also slammed the creation of a collegium system for appointment of judges, describing it “illegal and unconstitutional” when there is no mention of such a system in the Constitution. He said this when his attention was drawn to CJI S.H. Kapadia cautioning the government on Independence Day against tinkering with the independence of judiciary.


 



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 9 Replies

N.K.Assumi (Advocate)     19 August 2012

Thanks for the information.

1 Like

Anirban (Jr. partner)     19 August 2012

Those who have has some experiences in UP Courts will agree with the fact where is "Justice"

here are some interesting articles on this subject have a look:

* judicial-accountability in india - https://legalservicesindia.com/article/article/judicial-accountability-in-india-538-1.html

* Independence of Judiciary - https://www.legalserviceindia.com/article/l273-Independence-of-Judiciary.html

* Ethics of Judges & Judicial Accountability - https://legalservicesindia.com/article/article/ethics-of-judges-&-judicial-accountability-214-1.html

b man (Namaste)     19 August 2012

 

Dear Adv. B.K.Guptaji,

 

I do agree that the judiciary should not initiate any contempt proceedings against Mamata Banerjee.

 

Because what she said is correct. There are Black Sheeps in all professions & the judiciary is no exception to it.

 

The judiciary should not be touchy to criticism. In fact the judiciary should introspect & come out with more effective way of routing out corruption within its rank.

 

That’s my humble opinion.

Warm regards

M.S.R.Murty ( Manager (Admn))     20 August 2012

we are suffering from more freedom.

B.K.GUPTA... (ADVISOR)     20 August 2012

Mr Murty

For which type of freedom you are referring to?Be specific.

It appears that you have never faced litigation and donot read judgments.

As you have raised the point of freedom I would like to mention here that Judiciary should be ANSWERABLE.Govt is facing difficulty in making the judiciary even accountable so we can not expect it to be answerable .

1 Like

N.K.Assumi (Advocate)     20 August 2012

I agree with b man, that there are black sheeps in every professions and judiciary is no exception, but from my personal observations, justice Katju's observations is very practical with practical value in his judgments.

1 Like

B.K.GUPTA... (ADVISOR)     20 August 2012

Judicial Integrity a Matter of Public Expectation: CJI

PTI | Mumbai | Aug 18, 2012

With the issue of probity in judiciary being raised, Chief Justice of India S H Kapadia today said judicial integrity is a matter of strong public expectation and judges should meet it. In the past, he said, the integrity of the judiciary was taken for granted. "Today, judicial integrity is a matter of strong public expectation. "This is the vital difference you must keep in mind. And I expect the high court judges of the future and the entire judiciary to endeavour to fulfil this expectation of the people," he said addressing a distinguished gathering which included Prime Minister Manmohan singh and former and sitting judges of the High Court and the Supreme Court. Stressing on the need to avoid judicial overeach, Justice Kapadia said if a question with political content is posed before the court and no legal standard is available before it to decide the matter, it should be left to the executive or legislature to sort it out. "When a question is posed before the court, the court must find out what is the content of the question. If the content is political and if the content is such where there is no legal standard available before the court to apply and decide the matter, then the doctrine of deference should be applied and it should be left to the executive or the legislature as the case may be," he said. Kapadia, who was speaking at the closing ceremony of the year-long sesquicentennial celebrations of the Bombay High Court, also emphasized the need to maintain judicial independence. The Chief Justice said the turf war between the judiciary and the executive arose because the "judiciary is guided by morality of law while the executive is guided by the philosophy of utilitarianism". He said that after 1974 there were very few instances where the judiciary had set aside legislations and most of its judgements were aimed at correcting executive actions.

1 Like

M.S.R.Murty ( Manager (Admn))     20 August 2012

Dear Mr. Gupta Ji,

Hope this is a public forum, ofcourse  you may defer my openion, it does't mean all openions should be at your satisfaction.

B.K.GUPTA... (ADVISOR)     24 August 2012

 

 

A group of lawyers has come out in support of Chief Minister Mamata Banerjee’s controversial remark on judiciary in which she had said the court judgments could be bought and which was followed by a contempt petition against her in the Calcutta High Court.

The lawyers, under the banner of All India Legal Aid Forum, said her comment on the judiciary was not amounting to the contempt of court. Joydeep Mukherjee, the general secretary of the group and also the secretary of All India Bar Association, said there are a lot of example about the corruption in the judiciary.

“It would have been better if Mamata Banerjee would have brought forward some facts of corruption, if any, to the knowledge of the concerned authorities,” stated the press release issued by the group.

Mukherjee, meanwhile, said some lawyers would appear in the proceedings of the High Court in the contempt case in support of the chief minister.

 


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