Home > Press_release > NFHS Press release on Judicial Corruption and discussion

NFHS Press release on Judicial Corruption and discussion

P R E S S    R E L E A S E

Subject: National Family Harmony Society® strongly demands for early passage of judicial accountability and standard bill in the wake of CJI Hon’ble S H Kapadia’s remark “clean man in black robe”, in the wake of corruption charges against Judiciary.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

Demands and thoughts from NFHS®:

 

1. Judiciary has to be clean and corruption free because that is the only institution citizens has still faith left.

 

2. The issue is there is no effective mechanism/body/institution to deal with corruption in Judiciary.

 

3. Judiciary seems to be hushing up things.
 o Example1: There was lots of reluctance to declare their assets on public domain.
 o Example2: There response to the RTI application is mostly evasive.

 

4. So it gives a feeling that they have something to hide and they do not want to be transparent.

 

5. If there is no corruption in judiciary and they claim they are clean then why there is so much resistance to the RTI applications and to declare their assets.

 

6. So it is high time that parliament pass the judicial accountability and standard bill on high priority.

 

7. Currently even though it a matter of common knowledge that corruption does exist in judiciary but it is not spoken openly just because people fear the contempt of court for criticizing judiciary.

 

8. Expecting the judiciary to correct its own shortcomings may be as hopeless as expecting the Indian Administrative Services to provide for the punishment of their own or expecting the politicians to clean up their own act.

 

9. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.

 

10. The Supreme Court’s observations on the rot in the Allahabad High Court are disturbing. A Bench consisting of Justice Markandey Katju and Justice Gyan Sudha Misra said on November 26 that most judges of this High Court are corrupt and collude with advocates.

 

11. Sadly, many High Court judges are facing charges of corruption. The cases involving Justice Soumitra Sen of the Calcutta High Court, Chief Justice P.D. Dinakaran of the Sikkim High Court (formerly of the Karnataka High Court) and Justice Nirmal Yadav of the Uttarakhand High Court (formerly of the Punjab and Haryana High Court) are all at various stages.

 

12. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

 

13. There is also the Rs 23-crore Ghaziabad PF scam in which a Supreme Court judge (since retired), seven Allahabad High Court judges, 12 judges of the subordinate courts and six retired High Court judges are allegedly involved. The key accused, Ashutosh Asthana, died in jail mysteriously in October, 2009. He had provided vital documents to the CBI that established connivance of these judges.

 

14. Corrupt judges in the higher judiciary can be removed only by impeachment. However, this method is cumbersome. The problem is not just a question of devising proposals for removal. The Judges (Inquiry) Act, 1968, prefaces impeachment by judicial inquiry. In Supreme Court Judge Justice V. Ramaswamy’s case, the inquiry indicted him but the impeachment motion fell through in Parliament in 1992.

 

15. The government should fast-track all cases of moral turpitude, corruption and nepotism. The process of impeachment of a judge should be speeded up with a time limit for obtaining the President’s sanction and impeaching him/her.

 

16. Justice Katju and Justice Misra referred to the syndrome of “uncle judges”. The Union Law Ministry admits that this menace has spread to many High Courts, including those in Chandigarh, Shimla and Jaipur.

 

17. In its 230th Report (2009), the Law Commission has recommended that in order to eliminate the practice of “uncle judges”, the judges, whose kith and kin are practicing in a High Court, should not be posted in the same High Court. Union Law Minister M. Veerappa Moily should help check this menace.

 

18. There is a need to change the method of selection of judges. The current collegium system of appointment of judges has failed to attract persons of impeccable integrity. The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.

 

19. As the UK Supreme Court had done early this year, our apex court, too, should advertise vacancies in the Supreme Court and High Courts in the newspapers.

 

20. Judicial orders/Judgements should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

 

For more information please contact

P Suresh, President                                                                 M Mahesh, General Secretary,

9880141531                                                                          9731569970

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Categories: Press_release
  1. Yogi M P Singh
    August 23, 2011 at 12:59 pm

    Corruption in judiciary is causing great damage to society. Pending cases are increasing day by day. No solid and strong steps are being taken by concerned . Why responsible bodies are adopting lackadaisical approach in redressal of grievances of common people is in itself a question. Justice delayed is justice denied ,they know it well but why they are depriving the poor and downtrodden section from right to justice. In present circumstances , contempt of court has been tool in the hand of judicial members to encroach the fundamental right ie right to expression of poor and oppressed section. Only judiciary can bringup the whole on right track but it is possible only when rule of law will be supreme. There is need of supremacy of obligatory duties not coordination among the pillars of democracy. In the name of increasing coordination only they adopt flexible pratice in its dealing and thus allow law breakers in the system to continue their practices as it is without any fear of law. Hon’ble Supreme Court does not consider complaint of victims victimised by its subordinate court is causing serious problem to concern.

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