Are We in The Wrong Hands? Credibility of Indian Judiciary on Sale

By at 12 December, 2009, 11:15 pm

Indian Judiciary System - Truth is Winner

Indian Judiciary System - Truth is Winner

In India we have Separation of Powers in a check and balance form. The three organs of the government i.e. the executive, the judiciary and the legislature have the responsibility to keep a check on the functions of the other.

Independence of Judiciary is an important feature to maintain rule of law and constitutionalism in the country. It is necessary that the judiciary is free from every political obligations. The independence of judiciary is granted by the constitution to protect the rights of the citizens, but unfortunately nowadays it is protecting the rights of the judges.

There are various instances in which the judges have taken bribery, misappropriated cases or favoured the executive in order to secure high posts in commissions after their retirement. Judges like Late Justice Sinha who had the courage to treat Mrs Indira Gandhi as a normal accused are rare to find these days. He sacrificed all his political prospects for proper justice.

But today the hard reality is that not all but most of the judges are either corrupt or disinterested in the judicial process. One of the practicing Supreme Court Lawyers told me that either the judges sleep or the inquire. He was right in all sense. India has had many landmark judgments, some of them have made us proud some haven’t. Some have ensured that the principles of equity are upheld no matter how dangerous it proves to the executive, and some of them have favoured the government in every circumstance.

The judicial trial enjoys special privilege, so criticism with caution is required. But why? In a democratic country like India we should be allowed to criticize any decision of the  judiciary as we can criticize the act of the legislature.  Why is there a need to grant them a special privilege. Moreover if there is a constant fear of criticism the judges would be more accountable to the public. If a person is not satisfied with the process, he must not be forced to remain silent in order to maintain the dignity of the court.

The Indian Judiciary has been given powers to protect the rights of the individuals. These powers are not given to them to exercise it in their own interests. I agree the Indian Judiciary had eminent judges like Baghwati CJ, Hidyatullah CJ and Sinha J who have made the nation proud time and again. But it is also a reality that Judges like Dinakaran have also served the Indian Judiciary.

When the Chief Justice of Karnataka High Court Mr Dinakaran charged of allegations like acts of corruption and acquisition of disproportionate wealth and helping the mining mafia of the Reddy brothers to continue with rampant illegal mining. He came out with the excuse that because he is a Dalit Christian he is being targeted. But I’m sure if asked few questions his answer might be different. Like Why aren’t other dalit judges being the targeted? or Have these people deliberately enhanced the assets owned by you? and If such injustice was being done to you being a judge why didn’t you raise your voice earlier?

It is absurd that a judge of the stature is talking the defence of the social milieu to get rid of his loathsome acts. The charges against him are very serious and if proven true he should not only be impeached but should also be punished.

The motion, prepared by advocate Vaigai of Forum for Judicial Accountability, under Article 217 of the Constitution read with Article 124 (4) of the Constitution says: “This House resolves that an address be presented to the President for the removal of Mr. Justice Paul Daniel Dinakaran, also known as Mr. Justice Paul Daniel Dinakaran Premkumar, from the office of Chief Justice of the Karnataka High Court for his following acts of misbehaviour, viz., possessing wealth disproportionate to known sources of income; unlawfully securing five Housing Board plots, in favour of his wife and two daughters; entering into Benami transactions prohibited and punishable under the Benami Transactions (Prohibition) Act, 1988; acquiring and possessing agricultural holdings beyond ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961; illegal encroachment on Government and public property to deprive Dalits and the poor of their right to livelihood; violation of the human rights of Dalits and the poor; destruction of evidence during official enquiry; obstructing public servant on duty.”

It is shameful for the judiciary that Karnataka’s Chief  Justice might be impeached on the grounds mentioned above. Even if the charges are false, how can we expect a normal person to have trust in judiciary when the  Campaign for Judicial Accountability and Reform (CJAR) and Forum for Judicial Accountability (FJA) themselves are doubtful about the conduct of judges. This instance has shaken the faith of people in judiciary. And it is unfortunate that even if the charges are proved, and it is somehow established that Mr Dinakaran took bribery in some cases, the victims would still be remedy less.

Thus those who know that injustice was done to them would now know that it was not done by mistake of interpretation but by a deliberative motive. Their position would remain the same even if the reality is known to everyone. The good thing is that the prospective judgments would yield injustice only because of mistakes of judgement and not premeditated acts of injustice.

It is ironical that the world justice is attached to Chief Justice of any High Court and Supreme Court of the country, it is not that linguistics were short of vocabulary but it was because they wanted to associate notions of justice with the judge who had the highest accountability and responsibility in delivering a judgment.

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Categories : Legal Mirror | Social Issues

David Deivasagayam December 31, 2009

Charater is most important for a judge. Controversy after controversy is not going to help the Indian Judiciary in any way. Appointments should be purely on merits and no caste consideration should be made during these appointments. For instance, in the case of TAMIL NADU, you had a fleet of cases against Justices V. Ramaswamy, Veerasamy, Jagadeesan, Ashok Kumar, Kannadasan and now Dinakaran. Even among the serving Judges, particularly a lady by name Banumathi is apparently involved in the conversion racket. She belongs to the Jesus Calls society who has already converted her personal staff (from hearsay). Besides in her personal life, she is living with her husband, her daughter (the one born to her and her husband), her sister and her the daughter born to her sister and husband. In other words, she has truly upheld the TN traditions. Apparently she calls the CM “APPA” meaning FATHER and prostrates before him. Blessed as she is has four Government housing allotments. God save TAMILNADU and the Judiciary, people’s last hope.

meghna January 1, 2010

David i personally believe that reservation should not be a part of any occupation. Backwardness should not replace meritocracy. State must take affirmative action to promote the interests of the underprivileged sections but reservation should not be a criteria for education and appointment. You are absolutely right India needs talented and qualified doctors, engineers and judges and such appointments must be done with utmost care and caution. A better skilled doctor would save more lives than those who just enjoy the fruits of reservation. By this I don’t mean that people who get reservation are less qualified or deserving. I just believe that the most deserving people should be appointed for the greater public good. There are many people who in spite of their low marks have proved an asset to the country. But the question is not how well you do once given a chance but how many deserving candidates were not given that chance because of it?

Internet Banking February 4, 2010

Strange this post is totaly unrelated to what I was searching google for, but it was listed on the first page. I guess your doing something right if Google likes you enough to put you on the first page of a non related search. 🙂

meghna February 4, 2010

strange.. even though your comment is not related to my blog but still i appreciate it… I think SEO places an important role in Google rankings.. anyways sorry to disappoint you. But thanks for commenting.

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