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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 July 2010

NO PENSION FOR THE UNWORTHY

The move by the Union Government to stop the payment of pension to SPS Rathore, former DGP of Haryana, for his criminal conviction in the case pertaining to the molestation of 14-year old Ruchika Girhotra, who later committed suicide, is undoubtedly a step in the right direction. Rathore committed this heinous crime two decades ago and was able to stall the process of justice by using his official power. He would have got away had it not been for a proactive media that highlighted this sordid episode in the correct perspective that sparked enormous public outrage forcing a re-hearing and an enhanced sentence. Rathore has filed an appeal before the Haryana High Court against the 18-month jail sentence by the district court. It is likely that he would live a near-normal life and roam free on bail for months and years while his appeal is pending with the High Court. If the High Court eventually rejects his appeal, Rathore can still move the Supreme Court. At any time during this protracted period of legal wrangling, if his death occurs due to illness or advanced age, justice will never be meted out. Withholding his pension can at least serve a measure of justice in such circumstances. Rathore's case clearly underscores the inherent flaws in the justice delivery system in India. It also provides a glaring example of how money and power can influence the legal process. While it is true that the Indian judiciary is overburdened with a huge backlog of litigations at almost every level, the case against Rathore was deliberately stalled due to pressure from extraneous sources. Corruption in the judiciary has come into the limelight via the Jessica Lall and Priyadarshini Mattoo murder cases, the cash-at-door scam and the Justice PD Dinakaran controversy. More recently, the paltry sentence served to the principal perpetrators of the Bhopal industrial disaster after a delay of 26 years has sparked anger among victims and citizens. The Government's move to withhold Rathore's pension is welcome. Fear of criminal prosecution and annulment of all pre- and post-retirement benefits for Government officials will go a long way in eradicating corruption.



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