e - Voice Of Human Rights Watch - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R....vol.5 . issue.07......14/02/2009
Editorial : Corrupt Judges , Corrupt Police Deadlier Than Terrorist Kasab
- Crime Cover-Ups By Public Servants
Judging the Indian Judges – citizens of
Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka - RTI Act violations , constitutional rights & Human rights violations
The above stated public servants have failed to provide full information to us ie e – Voice of HRW as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of
The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.
just think , if a judge himself that too of apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?
it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in
no constitutional authority is supreme or unaccountable. Citizens of India are supreme an every constitutional authority is accountable to them. Here with whole hearted respects to all constitutional authorities , we request the honourable chief justice of India to study all articles in this news paper in detail & to answer all questions in public. Questionnaire is available at India
Our publication hereby appeals to the honourable supreme court of
jai hind. Vande mataram.
Honourable Registrar ( ADMN ) / Apellate Authority,
Supreme court of India,
Subject : RTI APPLICATION NO : Dy.no.541/RTI/08-09/SCI dated 18.12.08 appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07
Kindly go through the following articles & provide justice by giving complete truthful information to us.
The constitution of
We need rights to perform our duties. Constitution of
Hereby , we seek complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 91 / 2007 & Dy.No.541/RTI/08-09/SCI DATED 18.12.2008 . HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & euitable justice. JAI HIND. VANDE MATARAM.
QUESTIONS PUBLIC SERVANTS ARE AFRAID TO ANSWER – Indian judges , Police & Public servants in the Witness Box
The police , judges , public servants , etc question the accussed persons , to ascertain the root cause of crime or dispute, to know the truth behind every actions. The police even apply 3rd degree torture on commoners ( although it is illegal ) to elicit truth , information about crimes. When the same public wants to know the truth behind crimes involving police , judges & public servants , and seeking truth , answers , informations as per RTI ACT from police , judges & public servants , they are not answering lest the truth come out. They are citing one or the other technical reasons to hide information , to hide truth about crimes , to shield the criminals. If any of the following public servants truly stands for law , justice , truth , let them answer for the following questions publicly through media
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF
http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI ,
http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK ,
http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF
CROSS EXAM OF MUDA COMMISSIONER , MUDA ,
CROSS EXAM OF BDA COMMISSIONER , BDA ,
The only thing corrupt public servants know is to neglect the complaints of public , if somebody pursues with his complaint he is silenced either by falsely fixing him up or by snatching his sources of livelihood or by finishing him off. But , at the end of the day no justice to common man. The corrupt public servant triumphs , injustice triumphs.
CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?
On May 30, 2007, television channel NDTV caught both lawyers in a "sting" operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook.
A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt.
"The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand... There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case," observed the court, which had taken suo motu cognizance of the expose the day after it was aired.
"Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc," said the Bench.
The court desisted from commenting on the conduct of Kulkarni, saying it would not be "proper" to do so.
Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, "the unshakeable truth is that Mr Anand is guilty of criminal contempt of court".
Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such "sharp practices". "Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha," noted the Bench.
The court said it knew Khan for his legal acumen and forensic skills — "perhaps the reason why he was appointed Special Public Prosecutor in the BMW case". High expectations over Khan fell apart when his conduct "betrayed the trust that prosecution reposed in him... what he did was perhaps beyond the realm of contemplation of the prosecuting agency".
Chastising the two for their misconduct, the Bench said: "We are not dealing with a young lawyer who, driven by ambition and desire... transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar."
The court forwarded a recommendation that the two be "stripped of their designations as senior advocates". The High Court Registrar General will put up the court's recommendation before Chief Justice AP Shah within a month.
In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest.
R K Anand
Began legal career in
High-profile cases: * In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi's death * Narasimha Rao in the JMM bribery and the St Kitts case * Chandraswami in the FERA violation case * H K L Bhagat in the 1984 anti-Sikh riots case * Former external affairs minister Natwar Singh's son Jagat Singh in the murder/suicide of his wife Natasha Singh
I U Khan One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came intio spotlight in 1980s. * Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case
When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence.
Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ?
The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues.
CASH FOR JUDGEMENT
Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that "some influential persons were trying to shift the focus on her to save the real accused."
Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal's clerk "mistakenly" delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court.
"Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month," Justice Yadav said. "I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice."
Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had "proceeded on leave." She said she would not hear any case until her name is cleared.
Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to "maintain the highest traditions of Indian judiciary." Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision.
It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role.
While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case.
"Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh," she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges.
Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from
The Rs 15-lakh delivery: Story So Far
•August 13: Parkash Ram, an assistant to Haryana's Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the
•Rajeev Gupta, Bansal's friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned
•August 16: A case is registered against Bansal, Parkash Ram and Delhi-based hotelier Ravinder Singh who allegedly organised the money
•Bansal resigns as Addl AG and surrenders on August 19
•August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of
•August 22: Justice Nirmal Yadav proceeds on leave
Caught in controversy is Solan plot that judge, 16 others purchased
This purchase is said to have figured in the meeting between Justice Yadav and the High Court Chief Justice yesterday. Justice Yadav is said to have told the Chief Justice: "Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by (Sanjeev) Bansal or Ravinder Singh."
The purchasers and sellers obtained permission from the Himachal Pradesh Government under Section 118 of the Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that that the deal had been registered as per the details we have.
The land was sold by residents of village including Baldev; Narinder Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The sellers have given a General Power of Attorney to Surinder Kumar (one of the partners among the sellers), who executed a sale agreement in favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi, a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector 11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.
Three booked in judge bribery case
Haryana Addl Advocate General among booked
The other two are Bansal's munshi Parkash, who had carried Rs 15 lakh to the residence of High Court judge Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a Delhi-based businessman who has a hotel in Karol Bagh.
The munshi was taken into custody while a police party has been despatched to
Assistant Superintendent of Police Madhur Verma said the amount was supposed to be handed over to some other public servant but was mistakenly delivered at Kaur's house.
An FIR was lodged after Kaur complained to the police. She also reported the matter to the Chief Justice.
Police said Singh had allegedly paid Bansal a huge amount to get settled a criminal case pending in the High Court. The case is due to come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property deal he had struck with a resident of Panchkula. The money was supposed to be delivered to one Nirmal Singh and was mistakenly delivered at the judge's house.
Verma, however, said the preliminary investigation had ruled out the possibility of the amount being related to any property deal.
"Bansal failed to give a detailed account of the cash. He produced some papers pertaining to some property in Panchkula but that did not carry any weight. Our investigations caught him on the wrong foot and, therefore, we booked him along with two others under the Prevention of Corruption Act and criminal conspiracy," he added.
Bansal has been handling several high-profile cases. He is one of the dozen-odd Additional Advocate Generals appointed by the Haryana Government about two years ago.
Corrupt judge in Allahabad High Court
Posted By: Rajeev
State: Uttar Pradesh District: Allahabad City: Allahabad
* Conversation with Vigilance Officer – Audio Wave File
* Conversation with Registrar General – Audio Wave File
* Letter that CBI has forwarded to Registrar General – Tif Format
If the Judges go corrupt, then it is GOD who will give one justice when one go to heaven or hell. It is a Irony that I filed a complaint against a District and Session Judge who later promoted to High Court of Allahabad. I wish the God will serve HIS justice to Hon'ble Justice Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice at Rs 100000 per page!!
Here I am elaborating what had happened. In 1994, two people name Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father's property and in March 1994 they beat him and pulled his legs( just imagine the pain) making him handicapped for life. Then in court those guys were merely sentenced for 6 months in Jail, but they did not went for the jail for single day or hour and appealed to Sessions Court and then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal. It is a shame on Umeshwar Pandey that he cannot see a Handicapped man suffering for last 9 years and even then not given the justice.
Umeshwar Pandey has taken this bribe via his Steno name some G. D. Gupta.
It is the habit of Parashram and MohanLal to record the conversation while giving bribes on hidden audio recorder and the same cassette can be recovered if the authority try. It is been 8 months since I have informed various authorities by registered letters and phone calls from USA for no action till date.
I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance Officer for no action till date and the recording attached is from Sept 2002.
Similarly I have spoken with Mr. K. S. Rakhra who was posted as Registrar General but no action till date, and the recoding shown is from Sept 2002 too.
Even CBI has forwarded my letter to Registrar General, but no action is taken on that one too.
I have emaild my plea to few High court Judges too for no response.
I just hope GOD is there who will give some justice. But the corrupt Judges should stop imitating as GOD they are devil actually.
The only solution can be people make a limit. How much money a person needs. I often think about a story that a saint refused to take the food as he already got the food for today and he do not want to collect for tomorrow. But I don't know why people want to generate money for 7 generations. If a careful analysis and investigation is done Umeshwar Pamdey has Black money worth 3 generations. I guess instead of Lakhs and Carore now corruption should be measured in generations.
Education is important. People need to understand the meaning of freedom truly. IF I say boldly
HC suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court has suspended a fast track court judge in Rajpipla after receiving several complaints of corruption and favouritism against her.
Rajpipla fast track court Judge DL Desai was suspended on Thursday evening after a primary inquiry held by the court's vigilance department said that the complaints against her had substance. Further inquiry against her will be conducted by the department. Besides the complaint of favouritism in Rajpipla, where she was presently posted, the Desai was also accused of similar charges and issuing certificates without proper verification in Bharuch, where the she was discharging her duty as a principal district judge, the High Court authorities said.
The HC administration seems to be seriously taking the issue of corruption prevailing in
RTI activists say there is every reason why the RTI Act should apply to the higher judiciary as well.
Questions are now being asked in South Block, too, following the expose on Supreme Court judges.
Records obtained under the RTI shows judges have been converting work trips to holidays, taking long detours and are accompanied by their wives while traveling abroad.
At present there are no travel guidelines for the judiciary and the Bar Council of India is suggesting a course correction.
"I think the judges must pay or should pay the amount to the government," Bar Council of India Chairman SNP Sinha said in
Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan's 11-day trip to
Former chief justice YK Sabharwal attended three conferences in 2005 to
The travel plan included a detour from
The First Class air fare for Sabharwal's entire trip was paid by the government.
Activists are now renewing the debate on the RTI act applying to judges as well
RTI activist Arvind Kejriwal said: "It only underscores why the RTI needs to be applied to judges and judiciary."
Just like Caesar's wife should be above suspicion, RTI activists are demanding that SC judges too should be seen to be accountable.
Failure of RTI Act in
- In the clutches of corrupt public servants mafia
In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.
The corruption has spread it's tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.
The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa's filing of B reports leading to closure of cases ?
In the past how many suffered by srikantappa's actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?
The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it's face value & meat out injustices to the poor , innocents while aiding the rich criminals.
When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.
The courts of law before accepting the records of government officials , must subject it to a "test of truth". When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent's side. In that way , impartially truth can be found out. After all , the objective of courts of law is "Quest for Truth", not just giving out judgements based on reports of corrupt officials.
Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one's case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of
We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.
Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company's records , by a team comprising of members from public , court , complainant & respondent ?
Some of these criminal enterprises threaten to finish off the poor victims . as these company's have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims's family or survivors ?
History of Corruption in Indian Judiciary since
1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him "guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justiceâ€¦" [008.07].
Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991.
Peoples' Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of
1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ]
1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of
1995 A.M. BHATTACHARJEE: The chief justice of the
1996 AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement
1994 to 1997: A.M. AHMADI: When he was Chief Justice of
2000 A.S. ANAND: As Chief Justice of
2002: SEX FOR ACQUITTAL In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to "fix" a case in her favour. Justice Mr.Â· Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned
CASH-FOR-JOB :Three judges of the
2002-03: 3 Judges
March 2003 - Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records
E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: " The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India"
Following Questions / Issues, inter alia , arise
( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its' Impeachment Order had held thus:"While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent." [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami's case , Justice Ramaswami had held that " Inquiring Committee" as well as " Inquiry" have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by 3 Judges Committee thus" Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority."
(c) It will not be out-of place to mention here that Two of "Three Judges Committee " appointed by CJI in Re. V. Ramaswami's case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal .
( d ) If so how sure can we be that " 3 Judges Committee " appointed to invetigate " 3 Judges
Queries to Supreme Court , Parliament of India & Central Government In Re. Judges' Mysore Sex Scandal ( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee " ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ? (b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ? (c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars of Constitution " ?. (d) How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA violators & Bride Burnersâ€¦" ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that "in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates' placesâ€¦drinkâ€¦dineâ€¦" (1990 Cr LJ 2179 ) [041.09]. (e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ?
LOSS of Confidence in Judiciary : The Actions & Inactions of Supreme Court trying to suppress crimes of Judges has resulted in We, the People of India losing confidence in Courts & given rise to a Question whether at all People of India's Fundamental & Statutory Rights are safe in present set of Judges & Courts and Laws Governing thereof ?
Conscience of Judiciary Shaken: Supreme Court of
"Police Raj" to "Judges Tyranny": Judges serving all over
Criminal Politicians Vs Criminal Judges : Hats off for the Judgment of Supreme Court striking-down of Parliamentary Act amending Representatives of Peoples Act. Court said Come Clean Mr. Politicians in relation to diclosure of their Criminal , Financial & other such antecedents so as to help electorate of
But then What about Criminal / Corrupt / Judgment-for-Sex Judges ?: The Supreme Court was unanimous in the Judgment of corrupt politicians. Parliament is not unanimous to Bridle Judges or judiciary. Nor is the Supreme Court ready to find ways & means to Tame / Terminate / Jail the Corrupt / criminal / Judgment-for-Sex Judges. Such inactions of Supreme Court or High Court is nothing short of giving leverage to such of them. It looks as though Supreme Court on its own is eroding faith of Public in Judiciary as a whole. Like Termites these Judges are Constitutional-Enemies-Within-India who are bent upon to disseminate corruption among other Good Judges.
(New Delhi): The first major study into India's legal judgements on death penalty cases has revealed that the system is riddled with fatal flaws and that the only remedy is to abolish the death penalty completely, said the study authors in New Delhi today.
Amnesty International believes that at least 140 people have been sentenced to death in 2006 and 2007. According to the latest available official figures, there were 273 persons on death row as of 31 December 2005. But this figure is likely to be considerably higher today.
The fate of these death row prisoners is ultimately a lottery. In the first comprehensive analysis of around 700 Supreme Court judgements on death penalty cases over more than 50 years, the authors expose a judicial system that has failed to meet international laws and standards relating to the death penalty.
It is the first to examine the essential unfairness of the death penalty system in
• the administration of the death penalty in
• on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants.
Dr V Suresh, President, PUCL (TN & Puducherry) said: "While the death penalty continues to be used in
Amnesty International welcomes the current hiatus of executions in the country. The relative lack of executions in the last decade -- one in 2004 -- illustrates that the people of
"Or it can continue to hang death row inmates, when the judicial system that puts them there has been shown by this extensive research to be unfair," said Mukul Sharma, Amnesty International-India Director.
The full report is available at http://www.amnesty.org/en/report/info/ASA20/007/2008 and a summary, at http://www.amnesty.org/en/report/info/ASA20/006/2008
The study of the courts highlights some of the main failings as:
- Errors in consideration of evidence - most death sentences handed down in
are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted sarcastically that the main witness's memory constantly improved. His testimony at the trial three years after the incident was observed to be far more detailed than his confessional statement recorded a few days after. India
- Inadequate legal representation - concerns included lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary.
- Anti-terrorist legislation - concerns include the broad definition of `terrorist acts', insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence.
- Arbitrariness in sentencing - in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily.
- In the Bachan Singh judgment of 1980, the Supreme Court ruled that the death penalty should be used only in the "rarest of rare" cases. More than a quarter of a century later, it is clear that through the failure of the courts and the State authorities to apply consistently the procedures laid down by law and by that judgment, the Court's strictures remain unfulfilled.
A total of 135 countries have abolished the death penalty in law or in practice, having realised executions are unacceptable. In 2007, only 24 countries carried out executions (
Judicial nepotism rampant in India
April 12, 2007 by CyberGandhi
In the first step in the fight against judicial nepotism, the Law Ministry wrote to the Bar Council of India last month asking it to ensure that lawyers don't appear in cases before judges who are close relatives. However, it appears to have ignored the wider problem of what is called Son Stroke or Uncle Judge, where judges have close relatives practising in the same court.
NDTV discovered that this trend, where two judges or a group of judges have children practising in each other's courts, is widespread. While not everyone takes advantage of what has been described as a mutual cooperative society, many of them do. This problem first surfaced in 2003, when the Bar Council of
A year later, BK Roy, then Chief Justice of the Punjab and Haryana High Court, issued an administrative order barring a group of 10-12 judges from hearing any case pleaded by each other's relatives.
He quoted eminent jurist HM Seervai: "Experience shows that an impression is created in the public, however unjustified it may be, that it would be advantageous to engage a judge's son as an advocate."
"It was generally believed that A, B, C and D (all judges) constituted a mutual co-operative society, in the sense was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges."
The order sparked off a protest by judges in
"Some relatives misuse their connections more blatantly than others, but the problem remains in principle. An especially acute feature of problem of nepotism as it exists here is that apart from relatives of high court judges, children of sitting Supreme Court judges from this region also practise here at Chandigarh."
"The advantages, the benefits that accrue to them from their connections is well known to all and is fully exploited," said Anupam Gupta, Senior Advocate, Punjab & Haryana High Court.
Recently an MP raised the issue of judicial nepotism again and claimed that out of 490 judges of the various High Courts and the Supreme Court, relatives of 131 judges are practising in the same court.
Finally, four long years after the issue was first raised by the Bar Council, the Law Ministry issued a directive. But it was confined to saying that no lawyer shall plead a case before a judge who is a close relative.
It completely skirts the issue of close relatives of a judge practising in the same court - the Uncle Judge or Son Stroke syndrome.
"There are complaints from all over the country that judges' children are practising in the same high court and that is causing grave problem in regard to handling of cases and the judges favouring and one judges son appearing before another judge," said M N Krishnamany, President, SC Bar Association.
Judges are, in fact, expected to follow a code of conduct which points out that: "Close association with individual members of the Bar, particularly with those who practise in the same court, shall be eschewed."
But is this distance really possible?
"If your son, brother or sister is practising in the same court, you can't eschew close association with your son, daughter or brother."
"Therefore, you should not be a judge in the same court; you should opt to be transferred to some other court where a close relative is not practising," said Prashant Bhushan, Member, Committee on Judicial Accountability.
However, as figures show, this is clearly not the trend.
In the Punjab & Haryana High Court, the relatives of eight sitting judges plead cases, while in
Also senior lawyers feel that the children of judges are often favoured.
"That instances have come that a relation of a judge having joined only three four years in the practise suddenly his briefs are huge in number so that is what it is under scrutiny because he takes advantage of his position," said Jaganath Patnaik, President, Bar Council of India.
"It is very clear also as I know personally so many judges in the High Courts their children are practising and are being pampered also," said M
The public impression is that in order to get a favourable order, it's better to hire a close relative of a judge to plead your case.
Now the questions that remain to be answered are can the Bar Councils keep a check on this practise and is the Law Ministry seriously concerned about ending nepotism?
JUDGES IN PROVIDENT FUND SCAM ?
THE FALL OF THE ANGEL-CORRUPT INDIAN JUDICIARY
the four main pillars of democratic setup in
Office for Profit: A Stink You Should Smell
Former Supreme Court Chief Justice YK Sabharwal was involved in dubious judicial deal-making that earned his sons huge profits. So says a group of engaged and credible citizens led by former Law Minister Shanti Bhushan. And they have evidence to back their claims. Sanjay Dubey pieces together their case
"The issue of sealing was difficult as on the one hand it was a question of law and on the other of the suffering among the people." This is how
The anguish with which the former chief justice of India described the sealing drive as the most difficult decision of his career, however, flies in the face of facts unearthed by a committee of equally eminent citizens called the Campaign for Judicial Accountability and Judicial Reforms. The Committee's patrons include such veteran torchbearers of public integrity as former law minister Shanti Bhushan, Justice VR Krishna Iyer, Admiral RH Tahiliani and the Supreme Court lawyer Prashant Bhushan.
Documents gathered from many government departments by the committee cast a shadow of taint over the actions of Justice Sabharwal who, Shanti Bhushan says, "was a very competent judge". (See interview) Contrary to what Sabharwal said, the Committee's findings show that far from earning the wrath of his relatives, "the former chief justice has earned the gratitude of his family," as Shanti Bhushan puts it. The documents — perused by TEHELKA — show that Sabharwal's sons, Chetan Sabharwal and Nitin Sabharwal, clearly stood to benefit from their father's orders. His orders, thus, are against the principles of natural justice which say that no judge can hear a case in which he has a personal interest. According to Shanti Bhushan, instead of excusing himself because of conflict of interest, Sabharwal remained the presiding officer of the sealing case from 2004 till he retired in January 2007.
It all flared up on February 16, 2006, the day then Chief Justice of
There were reports of suicides and heart attacks as the government tried to cope with a precarious law and order situation in the capital; it had little choice but to implement the Supreme Court's (SC) orders. Everything was being done in the name of upholding the law — or so it seemed. It now transpires that even as
Documents presented by the Committee reveal that at least two companies owned by Chetan and Nitin — Pawan Impex (PI) and Harpawan Constructors (HC) — were operating from their father's private residence, 3/81, Punjabi Bagh, when the sealing drive was in full swing. Even more surprising is the fact that for the greater part of 2004, Pawan Impex was operating out of 6, Motilal Nehru Place, the official residence of Justice Sabharwal, who was then one of the senior-most SC judges. According to documents filed by Pawan Impex with the Department of Company Affairs, its registered office was shifted from 3/81, Punjabi Bagh to 6, Motilal Nehru Place in January 2004. For the next 10 months, the house of a senior SC judge — Sabharwal — was also the firm's registered office.
Documents from the Department of Company Affairs also reveal that on October 23, 2004, the promoter of one of the biggest shopping malls and commercial complexes in Delhi, Kabul Chawla of Business Park Town Planners (BPTP) Limited, was inducted in Pawan Impex as a 50 percent shareholder. On the same day, Pawan Impex's registered office was shifted back to its old address in Punjabi Bagh. Soon thereafter, Chawla's wife, Anjali Chawla, was also made a director in the company.
Sabharwal's sons nurtured ambitious real-estate dreams. And they began laying its foundations when they set up a construction company, called Harpawan Constructors, on April 8, 2005. An important decision taken by their father a few days earlier was going to change both
On March 17, 2005, Justice Sabharwal, who at the time was dealing with the case of polluting industries operating in residential areas, ordered that he would now also deal with the case of commercial establishments operating from residential areas. Another bench of the Supreme Court had admitted this case in 2003.
In October 2005, another bigwig in the
In November 2005, Justice Sabharwal became the cji and by February 16, 2006 when he passed the "most difficult" order of his life to seal the commercial establishments operating from residential areas, his sons were on track to enter the mall and commercial complexes business in a big way, having sewn up partnerships with two of the biggest commercial real estate developers in Delhi.
The Sabharwals' commercial complex development business took off thereafter. On June 21, 2006, Pawan Impex's share-capital increased from Rs 1 lakh to Rs 3 crore. Then, on September 30, 2006, the Chawlas of BPTP developers invested Rs 1.5 crore in the company. On August 22, 2006, Pawan Impex was given a Rs 28-crore loan by the Union Bank of
Sources in the Noida Authority have confided that these three plots (A-3, 4 and 5 in Noida's Sector 125) were allotted to Pawan Impex on December 29, 2004 by the Mulayam Singh government then in power in UP at Rs 3,700/sq. metre, when the market price of commercial land here was at least Rs 30,000/sq. metre. Moreover, a commercial plot measuring 12,000 sq metres (plot 12A, in Sector 68) was allotted to another company owned by the Sabharwals, Sabs Exports, on November 10, 2006, at Rs 4,000/square metre. The market price of commercial plots there at the time was at least 10 times as much.
These are not the only plots allotted at throwaway prices to the Sabharwals. On November 6, 2000, Sabs Exports was allotted three plots (C103, 104 and 105) measuring 800 square metres each in Sector 63 at a rate of Rs 2,100/square metre, when the market price was many times higher.
TEHELKA has documents which show that a residential plot in Noida's upSCale Sector 44 was allotted to Justice Sabharwal's daughter-in-law, Sheeba Sabharwal, in 2005. It is noteworthy that this plot was part of the Noida allotment SCam — wherein plots were allotted to sundry influential people and their relatives, when in fact they were supposed to have been allotted by a random draw of lots.
An embarrassed UP government cancelled the allotments. The SC for some reason immediately stayed the CBI probe into the allotments ordered by the
"Thus, from owning smalltime export-import firms till 2004, the Sabharwals in just two years time got into the business of developing commercial complexes and appear to be rolling in money," the report by the Committee concludes. All this happened when Justice Sabharwal was a senior judge and then the Chief Justice, dealing with the sealing cases and passing orders which stood to benefit his sons and their partners.
The continuing good fortune of the Sabharwals can be gauged by their recent purchase of a property worth several crores. TEHELKA has a sale deed of a house in south Delhi's upscale Maharani Bagh which shows that Chetan and Nitin purchased a 1,180-square-yard bungalow (B-9 Maharani Bagh) in March 2007 from the heirs of former Law Minister Jagannath Kaushal for a stated consideration of Rs 15.43 crore. They gave their father's name as Yogesh Kumar (minus the surname Sabharwal) and their office address instead of their Punjabi Bagh residence address.
On May 28, the Income Tax department sent a notice to Pawan Impex seeking details of their business activities, accounts, assets and sources of funds. But the legal experts TEHELKA spoke to feel that the matter is more serious. The conduct of Justice Sabharwal and his sons appears to involve offences beyond the purview of the Income Tax Act.
Legal experts, including Prashant Bhushan, feel that the extent to which mall developers funded the asset-acquisition by the Sabharwals needs to be probed.
Several attempts by TEHELKA to contact Justice Sabharwal for his response to the charges went unanswered.
The charges made by the committee underscore the need for a National Judicial Commission, an independent body with an investigative arm, which can look into complaints against judges. It only stands to reason that the guardians of the law come under the purview of the same laws they base their judgements on.
Justice Sabharwal's Defence Gets Murkier
Senior advocate Prashant Bhushan, part of the eminent panel that framed allegations against former Chief Justice of India YK Sabharwal, rebuts the retired judge's rejoinder point by point
Using the strategy of a clever and street-smart defence lawyer,
CHARGE NO. 1 That his sons' companies had shifted their registered offices to his official residence.
SABHARWAL'S RESPONSE: That as soon as he came to know he ordered his sons' to shift them back.
OUR REJOINDER: This is false. In April 2007, in a recorded interview with the Mid-Day reporter MK Tayal he feigned total ignorance of the shifting of the offices to his official residence. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the Business Park Town Planners Ltd (BPTP) mall developers became his sons' partners, making it very risky to continue at his official residence.
CHARGE NO. 2 That he called for and dealt with the sealing of commercial property case in March 2005, though it was not assigned to him. It is only the Chief Justice (CJ)who can assign pending cases to various judges. He was not the CJ at that time. Justice Sabharwal does not answer this charge.
CHARGE NO. 3 That he did this exactly around the time that his sons got into partnerships with mall and commercial complex developers, who stood to benefit from his sealing orders.
HIS RESPONSE: That they were his sons' friends. That Harpawan Constructors which was set up by his sons with the mall developer Purushottam Bagheria did not do any business. In fact the courts under him got Bagheria's 1 MG road mall demolished. That his sons are not developing shopping malls but only an IT park.
OUR REJOINDER: If so many mall and commercial complex developers were his sons' close friends, then he should not have dealt with the case anyway since that creates an immediate conflict of interest. Moreover, why should they go into partnership with these developers who stood to benefit from Justice Sabharwal's orders, and that too exactly at the time when he seizes control of the sealing of commercial property case and starts dealing with it. He says that the company set up by his sons in partnership with Bagheria has not done any business. If so, why was this new company set up for developing commercial complexes in partnership with this builder?
In an interview with Zee News, Justice Sabharwal claims credit for the judiciary under him ordering the demolition of the illegal 1 MG road mall owned by Bagheria. But then why do his sons enter into partnerships with such an illegal builder whose buildings have had to be demolished by the Judiciary? And immediately after this partnership with the Sabharwals, Bagheria went on to announce the construction of "Square 1 mall" in Saket as the most fashionable mall in
What is important to note here is that Bagheria and his partners at 1 MG road had already parted with all the space on 1 MG.The demolition thus hurt the designers and others who had bought shops there, but did not hurt Bagheria who may have benefited from it by clearing the land of his tenants and getting them to buy space at his new malls in Saket and elsewhere. An IT park is also a commercial complex like any other. Many commercial establishments sealed were IT centres and BPOs which were forced to buy space in IT parks like that being constructed by his sons and their partners.
CHARGE NO. 4 That the Union Bank of India gave a loan of Rs 28 crore to his sons' company: Pawan Impex on a collateral of plant and machinery and other moveables at the site of their proposed IT park, which were non-existent.
HIS RESPONSE: That his sons' had a credit facility of Rs 75 crore.
OUR REJOINDER: If that were the case, what was the need for mortgaging non-existent assets for obtaining this loan? Moreover, the banks' senior manager is on record saying that the loan was given on the basis of projected sales to prospective customers.
CHARGE NO. 5 That because of the obvious conflict of interest, he could not have dealt with this case.
HIS RESPONSE: That his orders have never benefited his sons.
OUR REJOINDER: His orders of sealing lakhs of commercial properties clearly forced those establishments to buy or rent space in commercial complexes like those that his sons' company were constructing; and shopping malls etc that their friends and partners were constructing. There was a clear conflict of interest and his orders have clearly benefited his sons and their partners.
CHARGE NO. 6 That a large number of industrial and commercial plots were allotted in Noida by the UP government to his sons' companies, at prices far below the market price. In particular, several huge plots were allotted between December 2004 and November 2006 by the Mulayam Singh/Amar Singh government, while he was dealing with the Amar Singh tapes case, and had stayed the publication of those tapes on the behest of Amar Singh.
HIS RESPONSE: That some of the plots were allotted by earlier different governments. That the prices were not far below the market price. That the allotments were made in the normal course to his sons who were entrepreneurs and were providing employment to hundreds of people in Noida.
OUR REJOINDER: The allotments are definitely not in the normal course. How can three plots of one acre each be allotted to one company on the same date? In fact, these allotments are made at a time when the share capital of this company was just Rs 1 lakh and it had no track record of making any IT park or doing any business whatsoever. They have been allotted within days of the application with no procedure of draw of lots or any other system being followed, other than a bogus interview. The rate of Rs 3,700 per square metre was far below the market rate, and anybody including us would be happy to buy these plots at three times the allotment rate today. The huge plot of three acres, No. 12 A in Sector 68 (which appears to be carved out later for them) to Sabs Exports in November 2006 at a throwaway price of Rs 4,000 per square metre is also not in the normal course and was similarly made within days of application and a bogus interview, without any other system. Moreover, the allotment has been made at a time when he was dealing with the Amar Singh tapes case and had stayed the publication of the tapes. We would be happy to buy that plot too at three times the price at which it was given to them.
CHARGE NO. 7 That his sons have purchased a 1,150-square metre house in Maharani Bagh, New Delhi in March 2007 for a consideration of Rs 15.46 crore. The source of money for this is unexplained and in the sale deed they seek to conceal their relationship with Justice Sabharwal by writing his name as Yogesh Kumar and giving their factory address instead of the residential address.
HIS RESPONSE: That 90 percent of the money for the purchase of this house was from four banks; that his sons concealed his full name in the sale deed in order to avoid taking advantage of their association with him.
OUR REJOINDER: Banks do not normally advance loans of 90 percent of the value of a property on its security. Otherwise they would end up holding inadequate security if the property prices fall by even 15 percent. If they have done so in this case, it is either because of an undue favour as in the case of the loan of Rs 28 crore to Pawan Impex, or they valued the property higher than the declared purchase price. His explanation for concealing his name in the sale deed is hilarious and unbelievable since his sons did not hesitate to use his official residence as the registered office of their companies. Moreover, this was in a registered sale deed with a private party, where there was no occasion for taking any advantage by using his name.
It is therefore clear that Justice Sabharwal is guilty of serious judicial misconduct and appears to be prima facie guilty of offences under the Prevention of Corruption Act which need to be investigated.
JUDICIAL PROPRIETY AND TEHELKA By: Rajeev Dhavan
The Hindu November 29th 2002
THE JUDICIARY is in the news in ways that do not do it credit. Beginning with the `defeated'
Justice V. Ramaswamy impeachment in the early 1990s, the last decade portrays scandals. These include the Bombay Pay-off Scandal of 1990, the controversy over the Bombay High Court Chief Justice Bhattacharjee receiving large "foreign" royalties in 1995, controversies, however founded or unfounded, over Justices Punchi and Anand - both Chief Justices of India - and Justice Bharucha's declaration that 20 per cent of judges are corrupt. The year 2002 has been a bad year. In
Judges reign and rule - with little external effective oversight over their conduct. Judicial independence cannot encompass judicial lawlessness, rampant corruption or conduct unbecoming. Justice Ramaswamy's impeachment suffered defeat in Parliament. The Supreme Court's Committee opined he could not be denied work. In
Witness the cases of Hastings and Clairbourne in
An intermediate method has to be created so that judges are answerable and can be disciplined without compromising their independence. But, it is not just a question of disciplining judges; but, also of dealing with complaints against them in a swift and effective way. Such mechanisms exist for the lower judiciary, but not for High Court and Supreme Court judges. From the supercession controversy of 1973 when three judges were superceded for the post of CJI, there have been calls for a National Judicial Commission both to (a) make judicial appointments (which after the 1982, 1993 and 1998 judgments are - and, that too, not quite satisfactorily - in the hands of a conclave of Supreme Court judges) and (b) deal with complaints, corruption and misconduct. But, ongoing suggestions for a National Commission have fallen on fallow ground. Having wrested the patronage of appointment, the judges have dragged their feet on issues of judicial discipline except to produce unenforceable codes of conduct. What are required are constitutional and statutory amendments.
Recent history shows that where there is a will, constitutional amendments are possible. But, there is a lack of political and judicial will to introduce changes. Today, judges collectively and in judicial orders make all kinds of suggestions on their pay, salary, perks and other things. But no consensus suggestion to interrogate judicial indiscipline emerges with credible clarity. Individually
In the midst of all this comes the controversy over the commendable resignation of Justice Venkataswami who was the sole Commissioner of the Tehelka Commission. Three issues arise. The first is: what went wrong? Something did. Sometimes judges do hold two post-retirement posts - without conflict or demur. But, the Tehelka Commission was not just an inquiry but an inquisition in which the Government had a massive political stake. The proposal to give another assignment to Mr. Venkataswami whilst he investigated Tehelka and its discontents should never have been made. The next slip up was Chief Justice Bharucha's recommendation behind which the Government seeks refuge. No less, the offer of appointment should have been declined. This is not a case of conspiracy, corruption or misconduct. Mr. Venkataswami integrity is beyond dispute.
The famous Pinochet case (1991) was re-heard because Lord Hoffman had broad links with a charity which, though not before the 'Lords', had a stake in the cause. In the Curative Petition case (2002), the Indian Supreme Court drew sustenance from the `Pinochet' example on the premise that justice must not only be done but always appear to be done. This sets the tone. Mr. Venkataswami has led by example. Purity is as important as cleanliness. At least one present judge of the Supreme Court declined an above board invitation to a seminar from an American university on the basis that it was unacceptable that anyone other than the Government of
The second issue that arises out of Tehelka is whether Mr. Venkataswami can simply be replaced by another judge. There is a stateable case that he cannot. Section 8A of the Commission of Inquiry Act, 1952, was amended in 1971 to permit a Commission to continue if a vacancy arose in a multi-member Commission. The assumption of continuity would survive because a member or members would continue. But, section 8A is inapplicable for a single-member Commission or where an entire Commission ceases to exist. It becomes non-existent (non est) and ceases to function (functus officio). Continuity is broken. Replacing Commissions afresh contrives its own politics. There is an even chance that any replacement appointment would be challenged to the discomfiture of any new appointee. This does not mean that the records of the Commission are not available for public use. So far, the only real public interest part of the Commission's work was over the military deals - which was heard in camera. These can be examined by a Joint Parliamentary Committee as raw evidence to interrogate lapses. The other aspect of the Commission's inquiry investigates Tehelka's journalistic conduct and wild, unfounded allegations that Tehelka tried to destabilise the stock exchange and personally benefit Tehelka's people and financiers. A lot of this is humbug. The `journalistic' ethics issue does not need a Commission's wisdom, but along with the accountability of the electronic media should be generally examined by public discourse. There are enough legal provisions to deal with `destabilising' frauds; but, the Government knows that they do not have a credible leg to stand on. On this basis, the Tehelka Commission needs to be wound up; but the `defence deals' examined by Parliament.
The third issue relates to the desirability of post-retirement appointments for judges. There is a dilemma here. Although Inquiry Commission reports generally gather dust, there is a public faith that only judges should head such inquiries - indeed, that is what made the T.T. Krishnamachari and Kairon inquiries of the 1950s credible. The answer lies in less inquiries and carefully chosen incumbents. Today, an inquiry is a general panacea to avoid any public allegation. The Commission process has been devalued. Several statutes - such as the Human Rights and others - necessitate judicial appointments. Such jobs cannot be multiplied as inducements.
are massively powerful. They both compensate bad governance as well as fulfil the judicial quest for power. Judges may err in their judgments. But, if confidence in the Judiciary abates, Indian governance is in peril.
SHOW-CAUSE NOTICE TO H.E.PRESIDENT OF
Place : Myore Nagaraj.M.R.
CRIMES COMMITTED BY LAW COURTS IN
- An appeal to honourable supreme court of india
Indian prisons are meant to be reforming schools for the prisoners. By
the corrupt practices of the officials , the prisons have become
factories turning out hardened criminals.
Say , a person was caught by police on suspicion of pick-pocketing.
The police produce the accussed before the magistrate , in turn he
remands him for judicial custody. Let us consider , The punishment for
this offence pick-pocketing as per law is 6 months imprisonment.
However the case drags on for 3 years , finally the court finds him
guilty of offence & orders for 6 months imprisonment. Totally, the
offender serves 42 months imprisonment sentence in practice. In some
cases , the courts consider the time already spent by the accussed
behind the bars while giving judgement. In this example , even if the
offender is let free taking 6 months imprisonment sentence, the
offender has been given excess sentence of 36-6=30 months.
Taking the same example further, say the court finds the accused as
innocent, not guilty of crime & lets him free. However , the poor chap
has suffered 36 months imprisonment for no fault of his.
As per law, no body not even the courts of law are legally empowered
to punish anybody beyond the legal procedures , rules established. In
this way, due to delay in our legal system , faulty bail procedures ,
thousands of under-trials are suffering in various prisons throught
. Arew not the courts which remanded those accused to judicial India
custody responsible for this illegal act of excessive punishment ?
what punishment should be given to those judges ?
The bail procedure in
, is also faulty without considering India
quantum of offence & financial status of the accused. A person accused
of stealing rs.100 has to provide bail surety bond of rs.5000 or
personal surety by a wealthy person / government servant. The poor
person having personal contacts , friendship with rich persons /
government servants is quite remote , so he can'nt secure bail on
personal bond. The poor chaps family is not rich enough to spend
rs.5000 surety amount. As a result, unable to secure bail the poor
chap suffers in jail for years.
Say, a rich industrialist is accused of rs.20 crores tax evasion, he
is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin
karim lala telgi has swindled government to the tune of thousands of
crores of rupees, only few cases are registered against him. That too
in one out of those cases involving rs.45 lakh worth stamp sale ,
judge has given him rigorous imprisonment plus a fine of rs.50000.
Considering the above examples it is quite clear the bail amount, fine
amount are peanuts for the rich just a fraction of quantum of their
crime , while for the poor it is huge many times more than the quantum
of their crime.. it is biased towards rich & mighty criminals. As a
result poor always suffers in jail, while rich are out on bail.
Even within prisons , the number of prisoners per sq.ft area , no of
doctors , hospital beds , medicines available, weight of food per day
given to prisoners , are all less & much below the statuotary limits.
The food , health care , living conditions of prisoners ,
under-trials are worse than pigs. The prison authorities are utterly
corrupt, which has been brought into light again & again by the media.
If a poor prisoner questions the illegal acts of the officials , he is
subjected to 3rd degree torture , roughed up by rowdy prisoners on the
instigation of the officials themselves. Many poor prisoners are
suffering from health problems , many are dying due to lack of proper
health care & food in the prisons.
Whereas , the rich & mighty prisoners , by paying bribe get non-veg ,
alchoholic drinks from outside restaurants daily. They even secure
drugs . they get spacious VIP rooms , television , mobile phones.
They easily get parole & easily gets admitted in outside hospitals &
roam free , while on record they are in-patients in hospitals.
The law of limitation which stipulates time limits for filing various
cases is also biased towards the government as a party & rich ,
mighty. For the purposes of evidences , filing of cases one needs
various government records. The concerned officials don't provide
those records for years unless bribed & sit over the files for years.
Some times by making absurd , illogical file notings , rejects it
back. There is no time limit for the performance of duties by public
servants. When a commoner donï¿½t get relevant records , files ,
evidences in time , how can he file cases in time without those
records , evidences ?
Nowadays , numerous cases of irregularities , charges of corruption
against judges are coming to light. However , in such cases judges
are asked to resign from service but no criminal prosecution against
them is instituted , only in cases involving lower court judges it is
done. When a case of irregularity by a judge in a specific present
case comes , there are every possibility that in the past also he has
committed the same in cases handled by him which has not come to
light. In such instances , all the cases handled by that particular
judge through out his career must be reviewed , but is not done why ?
does not it amount to cover-ups ?
In many cases the higher courts have turned down the verdicts of the
lower courts , let free the innocents , absolved innocents of charges
& annulled death sentences when appeals came before them. However ,
in all such cases , the lower court judges must be punished for
giving out wrong judgements, meating out injustice to innocents. Here
a fact must be noted , only a fraction of cases goes in appeal to
higher courts, as in majority of cases the poor people lack the
financial might to make the appeal. The so-called free legal services
authority pre-judges the cases before giving legal aid. As a result ,
many innocents poor people resign to their fates suffer injustice in
courts of law , undergo imprisonment punishment , some times even
death sentence. So , the urgent need of the hour is to incorporate
jury system or some outside monitoring system to review cases as &
In many cases involving the rich & mighty like telgi , case
proceedings are conducted in-camera in judge's chambers or proceedings
are conducted through video conferencing . outside from public gaze.
The tapes are not made public and the public cann't even ascertain
the validity of tapes , whether it is edited , doctored .
One of the basic reasons for delayed justice & worse prison
, is low number of judges , police personnel , India
higher rate of case adjournments and finally low amount of financial
grants made by the government to judicial department / police
department. The government states that it doesn't have enough money
to provide for judiciary & police. As a result, fundamental / human
rights of innocent commoners are thwarted. The state governments & GOI
, is one of either parties in 75% of cases before various courts in
, it is the biggest litigant & is influencing the judiciary by India
controlling the grants , recruitment to judiciary & by enticing some
with post-retirement postings.
The government has got money to spend on lavish parties of VVIPs ,
IAS officers serving non-veg foods , alchoholic drinks . their foreign
jaunts , 5-star bungalows , limousines , interior decorations of their
bungalows, etc. which is of higher priority , importance , whether the
luxury of VVIPs or the fundamental / human rights of commoners ? the
courts should answer. The courts have the legal powers to order
governments to provide enough financial grants to it , however it is
keeping mum , turning blinds eye to crimes of VVIPï¿½s. the government
rewards such judges with salary hikes , promotions , luxury cars ,
bungalows , perks and post-retirement postings , sites at judicial
lay-out , yelahanka ,
, etc. Bangalore
We at e-voice of HRW has utmost respect for the judiciary , but hereby humbly
bringing the crimes of judiciary before the honest few judges seeking
justice to the common folk.
Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313 home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , contact : firstname.lastname@example.org , email@example.com