_____________________________________________________________________________________________________________ e – Voice Of Human Rights Watch – e-news weekly Spreading the light of humanity & freedom _____________________________________________________________________________________________________________
Editor : Nagaraj.M.R............vol.2…issue.51.............03/03/2007
Editorial : UNFAIR , INEQUITABLE JUDICIAL TECHNICALITIES IN PRACTICE RESULTING IN VIOLATIONS OF COMMONER'S FUNDAMENTAL / HUMAN RIGHTS - AN OPEN APPEAL TO JUSTICE SHRI. K.G.BALAKRISHNAN , HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
Recently , in the media an interview with the present chief justice of
Even certain technicalities , actions of the judiciary are biased for the rich & mighty. The cases of commoners drag on for years , months without a hearing whereas the special leave petitions which only rich can afford & other cases which the judge thinks urgent comes for hearing at the shortest time & even interim orders are issued. The judiciary in convenient cases initiates suo-motto action based on media reports , considers e-mails , post cards of high profile individuals / NGOs as PUBLIC INTEREST LITIGATIONS and takes action. Whereas , when commoners send appeals for justice concerning public good, about violation of fundamental/human rights & obstruction to performance of fundamental duties, those are not even considered.
Honourable CJI is only concerned about the self respect of judges , what about the self respect of common people. When a commoner asks for accountability of judiciary or parliament he is slapped with contempt charges , what about his self respect ? When innocent commoners are arrested without warrants , illegally detained beaten up by police , what happens to the self respect of those individuals ? who bothers about the shame , job losses , broken marriages , fall of community relationships his whole family suffers as a result ? due to corrupt police officers sometimes innocents are put behind the bars , unable to pay the bail amount they suffer in jail for years while the real crook who is rich will be roaming outside on bail. Ofcourse, finally the court may absolve that poorman of charges, but what about his self respect the trauma his whole family faces ? what about poor people who unable to bear police 3rd degree torture confess to crimes they have not committed & suffer punishment - some times even death sentence , what about their self respect ?
Nowadays numerous scandals involving ministers , MLAs , MPs are reported in the media. The government drags it feet for months , sometimes years to give legal sanction for prosecution , thereby indirectly aiding the tainted in manipulation of evidences , records. Finally the tainted are let-off for lack of evidences in courts. In high profile cases , opposition parties raises hullaballo , an enquiry / parliamentary committee is formed to inquire into the issue. The committee takes months to complete it's findings , the government takes months to table the report , months to take action & months to table action taken report. Finally, VVIP is let off the hook , even if found guilty he resigns from the membership of the house.
In the same manner , senior judges facing charges of irregularities / corruption are either asked to resign or not allotted any judicial work. Only in rarest cases impeachment motion is brought about by parliament.
In this manner on quid pro quo basis the functioning style , action time of judiciary & parliament are mutually helpful. Instead of dragging on the cases for years spending lakhs of rupees , the tainted ministers , judges can be subjected to scientific tests like polygraph , brain mapping , etc & the truth can be found out , but not followed why ?
Resignation from office or not allotting any work to tainted constitutional functionary is not complete equitable justice ? what about the legal prosecution for their wrong doings ?
Just see the recent media reports about justice bhalla. See the recent reports in "vijaya karnataka' about whole irregularities in recruitment process by Karnataka public service commission. KPSC selects candidates for quasi-judicial positions like taluk magistrates , tax officers , labour officers , etc. what about UPSC , JUDGES SELECTION COMMITTEE, etc ? when an unfit person pays bribe to get a job , it is to reap more profits afterwards. Naturally, corruption spreads. Just remember "ROOST RESORT SCANDAL" involving selectors- high court judges & the candidates - newly selected women judges.
The commoners do have self respect as VVIPs & in the spirit of equitable justice VVIPs must be treated on par with commoners with respect to enforcement of law. Or else it will go against the letter & spirit of constitution & violative of people's fundamental rights. Ofcourse , there are honest persons in public service – judiciary , parliament . it is an humble appeal with full respects to them to legally prosecute their corrupt colleagues . JAI HIND. VANDE MATARAM.
WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???
In the media , recently there were reports about irregularities about Justice Bhalla who is awaiting promotion as chief justice of high court. In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income.
HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv Gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit - were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues.
It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in