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manishyogi (n/a)     16 September 2009

Disturbing news on judical corruption

Former Union Law Ministers Ram Jethmalani, Shanti Bhushan and eminent jurists Fali S Nariman and Anil Diwan have written a letter to Chief Justice of India (CJI) Justice K G Balakrishnan requesting him to hold an inquiry before elevating the Chief Justice of a High Court to the Supreme Court. 





For elevation to the apex court, the Supreme Court collegium, headed by the CJI, had recommended five names including the name of a controversial Chief Justice of a High Court, who, allegedly, lacks integrity.





According to the senior advocates, there have been disturbing reports against the Chief Justice and the allegations include that of land grabbing.





Some lawyers from Madras High Court have also sought an appointment with Union Law Minister M Veerappa Moily regarding the issue. 





The files related to the elevation of the five Chief Justices is pending with the Law Ministry.





According to Law Ministry sources, till now, they had not received any instructions from the CJI to stop the process.





The two former Union Law Ministers and jurists have reminded the CJI of the serious consequences for the reputation of the judiciary if persons with dubious track record are elevated to the Supreme Court.
 



Learning

 21 Replies

Prakash Yedhula (Lawyer)     16 September 2009

Find attached the copy of the complaint made in such regards by FORUM FOR JUDICIAL ACCOUNTABILITY


Attached File : 5 pddj representation final dated 9th september 2009.doc downloaded: 316 times
2 Like

Kiran Kumar (Lawyer)     16 September 2009

i read the file upoladed by Parkash Ji, its really shocking.

 

if the charges are true then such kind of people shall be thrown out of country, tomorrow they may not mind selling justice to Terrorists.

Raman ( )     17 September 2009

An interesting article from MSN:

 

 

https://content.msn.co.in/MSNContribute/Story.aspx?PageID=72327b04-1bfa-4083-8224-6664dfb7c17e



 

In case the above link doesn't work then please read below:

 



WHAT AILS JUDICIARY IN INDIA?

- by Jamsheed Basha 15 Sep 2008



 



The Chief Justice of India, Justice Balakrishnan, created history when he permitted the CBI to examine two judges of Punjab and Haryana High Court, Nirmaljit Kaur and Nirmal Yadav, in connection with what came to be known as the cash-for-judge scam. This is not the first time the Judges of High Courts came under public scan. The famous case was relating to Veerasami, Chief Justice of Madras High Court, though enjoyed the judicial immunity, faced impeachment proceedings in the Parliament but escaped as the Congress abstained from the voting. Another High Court Judge is facing impeachment in the recent history is Justice Soumitra Sen of West Bengal High Court. The Soumitra Sen case is a first in more ways than one. Never before has a judge been sought to be impeached following inquiry by an in-house Committee. Nor has a judge ever been indicted by it after a clean chit from a high court on the same issue. The common man is at a loss at the spate of corruption cases being heaped on the members of the judiciary in the recent past. He has lost faith on the judiciary and it would be difficult to restore the image of the judiciary as an impartial body out to protect the life and liberty of the common man. Never before in the history have so many judges come under scrutiny for alleged acts of corruption than what is seen today. The Prime Minister vexed by the problems of scams in the judiciary calls for 'introspection' on the way they are appointed. There is certainly a case for reforming the least accountable arm of the State.



What's wrong with our judiciary? Why are the judges become so corrupt? Are they not paid handsomely? These and more are the questions in the mind of the common man seeking justice in the courts of law in India. Judicial system administers justice in the name of the state and it is a mechanism for resolution of disputes. A survey conducted into what ails judiciary revealed certain startling facts. The sheer number of cases pending in the Indian judicial system,nearly26 million says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies, ideal conditions for middlemen to step in. Inaccesibility is another problem. The judicial system is highly dilatory, expensive, and beyond the reach of the common man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra money is often required to oil the wheels of the system.



Where the corruption is rampant is at the lower court level in which the lawyers and magistrates play havoc. There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites he has no idea, in return for an inducement. Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an inducement of Rs 40,000. In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of a judge who offered judicial favour in exchange for s*xual favours from a litigant. Some of these instances have been reported by the media, but no action has been taken by authorities concerned. Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and punished for contempt of court. This is a deterrent against more such instances coming to light. This needs to be reviewed by Law Commission and Parliament.



Why people pay bribes in the courts particularly in trial courts? Its mainly to speeding up judgement, to get favourable judgement, obtaining bails, manipulating witnesses etc. More than trial court judges, it is the lawyer group that is not free from the blame. They not only extract handsome money from the clients but also try to induce the magistrates through their own contact. A lot more can be written on the ills of judiciary but for the space constraints, it is reduced. The following suggestions are given to revamp the judiciary: 



1. All judges may be appointed by an independent commission with highest integrity and character besides qualification. No room for political or other manouvering or influence be given.

 

2.Make judiciary accountable removing judicial immmunity.



3. In cases of corruption charges, the President shall be given power to remove instead of impeachment by Parliament.



4. In the case of trial court judges, the Chief Justice of the High Court shall be given power to remove or dismiss summarily.



5.Introduce use of modern technology to record the proceedings in the court, tracking the cases, etc.



6. Fill up vacancies in the courts then and there without any delay through a workable and fool proof system of recruitment.



7. Create more number of fast track courts for speedy trials.



8. Create alternate method of disposal of justice system.

 

9. Bar Association to take action against the corrupt lawyers.

 

10. Reduce number of cases in each court.

 

11. Judges may be made accountable for delay in disposal through a periodical judicial review system.

 

12.A public body to monitor process of justice at all levels.

 

13. Chief justice should monitor judges chambers through a close circuit TVs and no lawyer be allowed to discuss a case in camera with the Judges.

 

14. Indian judicial service may be created.

 

15. Judges must declare assests and liabilities regularly.

 

These and more steps may be taken to reduce cases of corruption in the judiciary so that people repose faith in the judicial system.

 



Judicial system through out the world varies with regards to the amount of autonomy it possesses, which in turn determines the amount of impact it can have on the society. It is a mechanism of checking powers of the other branches of governance viz.,executive and legislature. U.S is an ideal example of such checks and balances where the autonomy of the court is established in the constitution. Indian Judiciary has worked wonders through judicial activism and placed the other arms of the State in their place without interfering into the working of the system. It was mainly due to the appointment of judges with highest integrity, grid and determination to uphold the cardinal principles of justice. Of late, the standard has fallen. Justice Bhagwati in a TV interview blamed the judges for the fallen standard and suggested revamping of the system. Hope Govt would Chief Justice of India and Govt would take the advice of both the former CJI Bhagwati and Prime Minster for introspection and evolve a system of appointment that will restore the lost prestige of the judiciary.

1 Like

Prakash Yedhula (Lawyer)     17 September 2009

CJI summoned Justice Dinakaran to Delhi

The Chief Justice of the Karnataka High Court, P.D. Dinakaran, one of five judges recommended for elevation to the Supreme Court of India was summoned to New Delhi by the Chief Justice of India, K.G. Balakrishnan, last week in connection with allegations made against him by members of the Bar. The allegations relate to his acquisition of “huge assets” — including a large extent of land holdings beyond the ceiling limit stipulated by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act.

According to highly placed sources, the CJI acted on a representation made in person by senior lawyers Fali Nariman and Shanti Bhushan on September 9 on the basis of a detailed letter of complaint from several lawyers based in Chennai. The letter, which was sent under the auspices of the Forum for Judicial Accountability, levels serious charges of land grabbing and other “irregularities” against Justice Dinakaran.

In the meeting that took place on September 11 at the residence of the CJI, in which some senior Supreme Court judges participated, Justice Dinakaran was confronted with the allegations made in the lawyers’ complaint. It was understood that he gave his explanation, denying each of the allegations. He left for Bangalore on Saturday morning.

After detailing the allegations, the lawyers’ letter requested the CJI and other Judges in the collegium, namely Justice B.N. Agrawal, Justice S.H. Kapadia, Justice Tarun Chatterjee and Justice Altamas Kabir, “not to appoint” Justice Dinakaran as a Supreme Court judge and to “initiate a thorough enquiry into all the allegations” against him and "take appropriate action thereafter.”

Thereafter the senior lawyers wrote to President Pratibha Patil and Prime Minister Manmohan Singh seeking their intervention and calling for a probe into the allegations before notifying the appointment of Justice Dinakaran to the Supreme Court. The file now pending in the Union Law Ministry will go to the Prime Minister for his consent before reaching the President for her approval. “You will agree,” the senior lawyers concluded, “that the consequences will be far more serious if a person lacking integrity is appointed as a Supreme Court Judge than delaying the appointment of a person against whom the charges may not be eventually established.”

Meanwhile, in a statement, the Chairman of the Bar Council of India, Suraj Narain Prasad Sinha, said the matter raised by Fali Nariman and other leaders of the Bar on the question of recommendation of one of the judges for appointment as a Judge of the Supreme Court was “very serious.” Mr. Sinha added: “It needs urgent deliberation by the Chief Justice of India, Members of the collegium, the Prime Minister and the Union Law Minister in order to save the image, majesty and grandeur of the highest judicial body of the country.”

Anil Agrawal (Retired)     17 September 2009

 I donot understand one thing. Why are we exercised over the affair. A judge is a human being and has every right to be corrupt. 

Now let us not talk about Constitution, judiciary, high moral grounds, accountability, blah, blah, and balh. As long as human race inhabits this earth, corruption will be a part of our life. The problem is that we have put judges above the Qutub Minar in matters of ethics and knowledge as if they have come from another planet.

It is a case of High Court Judge being elevated to SC so we feel exercised. What happens in the lower judiciary?

Sachin Bhatia (Advocate)     17 September 2009

If the above mention complaint is true than it is very disgusting for us and Mr. Kiran rightly said they dont mind selling justice to Terrorists. These people are even more dangerous than terrorists.

Anil Agrawal (Retired)     17 September 2009

 If and should have ruined this country. From the high pedestal it is now falling into pieces. Still we donot want to open our eyes. Utter the word judiciary and shut our mouth. Sweep everything under the carpet.

To reduce not eliminate totally, there is no alternative but to adopt the system whereby judges, ministers, ambassadors appear before a Parliamentary Committee to seek confirmation where they are grilled on all aspects of their life. 

America does it? Is it not a democracy?


(Guest)
Really shocking contents in the complaint made by FORUM FOR JUDICIAL ACCOUNTABILITY. Thank you Prakash ji for providing information.More over Government officials who assisted him also held reponsiable.

J. P. Shah (RTI & CONSUMER ACTIVIST)     18 September 2009

This shows how wide spread is corruption in India. Common man will be tempted to resort to extra-judicial methods for getting justice.

ghansham das (self employed engineer)     18 September 2009

Dear Y Prakash, lawyer,               Thanks fr letter to CJI,   I hv read it.

          You will be remebered in futurre comming days.

What d out come of  Jc Mr. Y K Sawarbal's case,

 who was unearthed by  Mid-day team of Delhi,?

  Simple-rational-  accountability will not be justiified   but severe punishment to the degree of knowledge possessed with possiton , is a must,  other wise, one ruppee thief is also a thief, crores N multi crores is also [ a thief / bagger ] who steals a Pav Wada for hungry ????

 

Anil Agrawal (Retired)     18 September 2009

 Why are all of us singling out judiciary? What about MPs and MLAs? A great number of them are facing criminal charges and yet they are ruling the country. Making laws for us? What a shame?


(Guest)

Now the time has come. Corruption in India gone up to peak level. I blame educated people. Why these people vote to inefficient, corrupted, criminal in nature politicians and no basic knoweledge about history, economics etc. Why these educated people do bhajan beyond political leaders take Chief Secretaries to the Government, Principle secretaries when the ministers make incorrect decisions? These secretaries are IAS, IFS and IPS officers. They come up with their knoweledge. I blame those people who do misguidence to the Government. I blame those people who try to cover up corruptiob cases. 

If each and every citizen of our country think, this is my country, i serve my country sincerely and I will help for its development. 

Bhagav koi rajakiya neta vote mangetho.

Don't ever excuse corrupted people. These people are more harm than Cancer. 

 

Anil Agrawal (Retired)     18 September 2009

 Corruption is a two way traffic. They are corrupt because we are corrupt. It is a chicken and egg story. What comes first? 

A senior IAS officer narrated this story to me 25 years ago when a rupee commanded value.

In M.P. transfer of teachers was a big business. There was rampant corruption. Ministers and bureaucrats made hay. Cost of transfer 50000. Brokers and touts had a field day.

Another set of brokers and touts sprang up. What for? To stop transfers. If the cost of transfer was 50000, the cot of stopping it was 75000.

Discretion, they say, is the fountain head of corruption.


(Guest)

Anil Agrawal ji, I accept with you corruption is a two way traffic. In developed countries law controls its citizens but in our country Bureaucrats, Politicians control the law. Who is responsiable citizens or bureaucrats / politicians?


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