When Central govt refused
to accept the recommendations of Judges collegium for appointing one of the lawyers recommended
by them for appointing him as Supreme
court judge , Chief Justice Lodha responded
by saying "Independence of judiciary will never be
compromised," ..For last more than 20 years, I fought for independence of
judiciary and to me this is one subject which is not negotiable. At no cost,
the independence of judiciary can be allowed to be compromised." "I
will be the first man to leave this chair...if I know that judiciary's
independence has been compromised. I will not hold my office for a
second," he asserted further.
At the face of it, it is
very reassuring to aam adami, when Honorable Chief justice shows such a
commitment for the independence of Judiciary.
But we need to understand the reality behind these words. Is he really fighting for the independence of Judiciary or wants the
judiciary to do whatever it wants and remain not answerable to anyone.
Can Judiciary be Independent?
Yes Judiciary can be independent, only when all the judges are
independent.
But before that we have to understand
that what independence is.
It reminds me of an
incident of about thirty years ago when one of our friends doing MD in PGI
Chandigarh was in need of some money. One of our other friends there offered
the money but strangely, there were condition put by our friend who needed money,
“That I will take money on the following conditions.
I will keep my right to criticize you.
I will keep my right to disagree with you.
I will not be influenced by you in discharging my Duties.
He did not want his
independence to be sold. Our friend agreed and gave him the money. The other
person took the money and kept his Integrity.
Can it be said of all the
judges that that they have not sold their integrity.
No,
as claimed by Prashant Bhushan in his Affidavit (http://www.outlookindia.com/article/My-Honest-And-Bonafide-Perception/263230)
to the Supreme court that out of sixteen chief justices in the Supreme court eight were corrupt and were of
doubtful integrity, meaning thereby that in all their matters concerning
justice in the court of Law or in appointing the Judges in the Courts ,
they can be influenced by something
other than the Merit.
Below is tip of iceberg
being quoted from From
Tehelka Magazine, Vol 7, Issue 39, Dated October 02, 2010 ( Some Doings of Past
Chief Justices)
RANGANATH.MISHRA25.09.1990 - 24.11.1991 After
conducting inquiries into the 1984 riots, he became a Congress Rajya Sabha MP
KN
SINGH
25.11.91- 12.12 .91 Passed a series of orders in favour of Jain Shudh
Vanaspati. These were later set aside
AM.AHMADI
25.10.1994 -
24.03.1997 -He bought land, built a house in Kant Enclave in Surajkund.
The court had ruled it illegal
MM.PUNCHHI
18.01.1998
- 09.10.1998 .He decided on a case about a law when he was personally
interested in the outcome
AS.ANAND 10.10.1998 - 01.11.2001 He
passed an order favouring a person from whom he had received a plot of land
YK.SABHARWAL O1.11.2005 - 14.01.2007While he heard the Amar Singh tapes
case, his sons got land allotments in Noida
In
India these days, Man of integarity can reach the ladder of power only by accident and then
to stay there he has to sell his independence like Manmohan Singh. Or choose to
be out of power like Mr. Kalam for the
second term.