Tuesday, July 8, 2014

Can corrupt judges keep Judiciary Independent

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.


1 comment:

  1. You have hit the nail on the hard head of the judiciary. Keep going!

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