LAW RESOURCE INDIA

Bar chorus for court clean-up

Posted in ACCOUNTABILITY, IMPEACHMENT, JUDICIAL REFORMS, JUDICIARY, JUSTICE by NNLRJ INDIA on November 28, 2010

SATYA PRAKASH IN THE HINDUSTAN TIMES

A day after the Supreme Court slammed the Allahabad High Court for some of its “incorrigible” judges passing orders on “extraneous considerations”, bar leaders on Saturday said it was time to stem the rot. Former law minister Shanti Bhushan, who recently filed an affidavit in the apex court saying eight former chief justices of India were definitely corrupt, said, “I have been saying this for years. Now even the Supreme Court has said it.

“The real problem is that there are hardly any crusaders in the judiciary. Even honest judges try to defend the corrupt ones because they feel it’s one judicial family,” Bhushan said, hailing justice Markandey Katju as a crusader for having asked the Allahabad HC chief justice to clean his house by transferring the “incorrigible” judges.

Senior advocate Rajeev Dhavan said: “The SC’s comments point to a problem that exists in the judiciary. But Justice Katju can only protest…He has not provided any solution.”

Asked if transfer of “uncle judges” would solve the problem, former Delhi Bar Council chairman KC Miittal said,  “There has to be a comprehensive, transparent transfer policy. In any case it can only be a temporary solution.”

Dhavan, who represents Tehelka in a contempt case, wondered why the magazine and advocate Prashant Bhushan should be hauled up for contempt when the SC itself was making such comments.

Maintaining that poor bar leadership has compounded the problem, Miittal said the Bar Council of India should come out with stringent norms to check “uncle judges” syndrome.

Former BCI chairman VC Mishra said: “The evil pointed out by the SC is not limited to the Allahabad HC. It is there in all other HCs as well.”

He, however, said transferring a dishonest judge from one HC to another was not the real solution. “No judge should join a high court where he had been practising as a lawyer.”

Lucknow-based Oudh Bar Association president RS Pande said the real problem was the secret appointment process. “It should be made more transparent and… after thoroughly checking the background of the candidates,” Pande said.

BCI chairman Gopal Subramanium said: “We will certainly take it up in our next meeting.”

http://www.hindustantimes.com/Bar-chorus-for-court-clean-up/Article1-631800.aspx

3 Responses

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  1. Muhammad Sayyed said, on November 28, 2010 at 13:22

    Kudos the operation clean-up the judicial system by Mr Shanti Bhushan.
    I would like to cite one of the examples of the corruption in higher judiciary.
    Since I worked in the Central Excise department I know what had happened then.
    In 1978-79 the central budget imposed additional duties of central excise on the man-made fabrics. The processors from Bombay and Surat filed writ petitions in the various high courts which were heard by the Supreme Court.
    Pending final disposal of these petitions the Supreme Court granted interim relief to the extent to pay 25% of these duties in cash and to furnish bonds for the rest 75%. There was no condition for bank guarantee for these bonds.
    This process continued for a period of six to 7 years and around 1985 or 86 finally the Supreme Court decided in favour of Union of India and the processors were asked to pay the duties as stated in the bonds. No interest was stated in the order.
    There were thousands of processors and each processors had contributed to the sum of ` 100,000/-.
    The Supreme Court enriched these processors to the tune of crores of rupees as these processors had utilised the 75% of these duties for over a period of six to seven years at the cost of union exchaquor.

  2. […] Bar chorus for court clean-up (indialawyers.wordpress.com) […]

  3. sangram keshari hota said, on January 14, 2011 at 12:42

    i would appreciate punishment for crime which is non existent in our country which is root cause of burgeoning cases and diminishing fear of adminisration day by day.it is no freedom rather misuse of india as a free country.


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