{"id":491,"date":"2011-06-18T15:07:12","date_gmt":"2011-06-18T15:07:12","guid":{"rendered":"http:\/\/www.itatonline.org\/blog\/?p=491"},"modified":"2011-06-20T15:30:44","modified_gmt":"2011-06-20T15:30:44","slug":"judge-no-judge","status":"publish","type":"post","link":"https:\/\/itatonline.org\/blog\/judge-no-judge\/","title":{"rendered":"Judge No Judge"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.itatonline.org\/blog\/wp-content\/uploads\/2011\/06\/lok_pal_bill.jpg\" alt=\"\" title=\"\" width=\"200\" height=\"236\" class=\"alignleft size-full wp-image-499\" \/><\/p>\n<p><strong>The author adds  his voice of reason to the strident debate on the pros and cons of the Lokpal  bill. The author argues that while the proposal to bring the judiciary under  the scrutiny of the Lokpal is well-intentioned, it will adversely affect the fearlessness and independence of the judiciary and have disastrous  consequences. Instead, the author suggests measures to curb  corruption in the judiciary. <\/strong><\/p>\n<\/p>\n<p>In India common citizens  have full faith in the Judiciary, but their objection is against the Judiciary  is delay in justice delivery system. Therefore, one need to take remedial  measures to reduce the pendency of cases before various Courts. Mere  introduction of Lokpal Bill may not have much impact on the present system.  According to me, the legislature alone is responsible for delay in justice  delivery system, because they have not increased the strength of judges and have  also not been filling up the vacancy of Judges. <\/p>\n<p><!--more--><\/p>\n<div align=\"center\">\n<div class=\"\"><script type=\"text\/javascript\"><!--\ngoogle_ad_client = \"pub-6440093791992877\";\n\/* judgements_adsense *\/\ngoogle_ad_slot = \"0133843924\";\ngoogle_ad_width = 728;\ngoogle_ad_height = 90;\n\/\/-->\n<\/script><br \/>\n<script type=\"text\/javascript\"\nsrc=\"https:\/\/pagead2.googlesyndication.com\/pagead\/show_ads.js\">\n<\/script><\/div>\n<\/div>\n<div class=\"articlequote\">\n<p>Those, who attack the judiciary, must remember that they are attacking an institution which is indispensable for the survival of the rule of law but which has no means of defending itself. In the very nature of things it cannot engage itself in an open war, nor indulge in releasing contradictions<\/p>\n<\/div>\n<p><strong>Hon&rsquo;ble Mr. Justice F. M.  Kalifulla<\/strong>, Acting Chief Justice of Jammu and Kashmir, while addressing the  seminar on mediation orientation programme on 5th June 2011 said <strong>&ldquo;<em>There is need for 1500, High Court Judges  and 20,000 judges in the subordinate Courts to clear the rising pendency of  cases in various courts of the country<\/em>&rdquo;. <\/strong>Our Country needs as on today at  least 6750 more judges to clear the pendency of cases, however, nobody is  addressing this issue. If these two factors are taken care of, automatically  the pendency will reduce and the citizens will get speedy justice. In revenue  matters 70% litigations are at the instance of Government, mainly because,  nobody would like to take the responsibility. Today, the judges are able to  take the decision without any fear or favour mainly because they are protected  under the Constitution of India. If their action is questioned due to some  allegations made by people having some vested interest, it will affect justice  delivery system. When certain allegations are made against judicial officers  they cannot rush to the press, they cannot give any statement in their defense,  where as the Government officials and ministers and Prime Minister can give  press release and public statement etc. In <strong>M. R.  Parashar vs. Dr. Farooq Abdullah<\/strong> AIR 1984 SC 615 while dealing with contempt  proceedings the then Chief Justice of India Mr. <strong>Y. V. Chandrachud<\/strong> stated as  under:-<\/p>\n<p><\/p>\n<blockquote><p><em>We would like to remind those who criticise the Judiciary that it has  no forum from which to defend itself. The legislature can act in defence of  itself from the floor of the House. It enjoys privileges which are beyond reach  of law. The executive is all powerful and ample resources and media at its  command to explain its actions and, if need be, to counter attack. Those, who  attack the judiciary, must remember that they are attacking an institution  which is indispensable for the survival of the rule of law but which has no  means of defending itself. In the very nature of things it cannot engage itself  in an open war, nor indulge in releasing contradictions. <\/em> <em><strong>The sword of Justice is in the hands of Goddess of Justice, not in the  hands of mortal judges. Therefore, Judges must receive the due protection of  law from unfounded attacks on their character<\/strong><\/em> <\/p>\n<\/blockquote>\n<div align=\"center\">\n<div class=\"\"><script type=\"text\/javascript\"><!--\ngoogle_ad_client = \"pub-6440093791992877\";\n\/* judgements_adsense *\/\ngoogle_ad_slot = \"0133843924\";\ngoogle_ad_width = 728;\ngoogle_ad_height = 90;\n\/\/-->\n<\/script><br \/>\n<script type=\"text\/javascript\"\nsrc=\"https:\/\/pagead2.googlesyndication.com\/pagead\/show_ads.js\">\n<\/script><\/div>\n<\/div>\n<div class=\"articlequoteleft\">\n<p>Corruption is a cancer eating into the roots of the society. It is difficult to fight against corruption because the chances of success are bleak but this is no reason for despondency. Nobody is born corrupt; it is the vitiated atmosphere in the society and the system of governance which converts the clean into the corrupt<\/p>\n<\/div>\n<p>  Judicial independence is back bone to preserve the mandate  of Constitution of India. If there is any interference, it will have greater  impact on the democracy. Bringing Judiciary within the scope of Lokpal Bill may  be against basic structure of Constitution of India and it will be a black day  in the Indian history, because it will affect the independence of the entire  judicial process. I am of the firm opinion that Judiciary should be outside the  purview of the Lokpal Bill.<\/p>\n<p>\n<\/p>\n<p>  I make an appeal to the professionals and professional  organizations who are in favour of Judicial independence to make an appeal to  the drafting committee not to include the Judiciary in the proposed Lokpal Bill.  There can be more transparency in the selection process of Judges within the  present system itself. <\/p>\n<p>\n<\/p>\n<p>  As regards corruption, <strong>Hon&rsquo;ble Mr.  Justice R. C. Lahoti<\/strong>, Former Chief Justice of India while addressing a conference  on 7th September 2002 at Jaipur on the issue of Corruption, stated as  under:- <\/p>\n<p>\n<\/p>\n<blockquote><p><em>Kautilya  says in Arthashastra &mdash; &ldquo;To know if government officials handling the treasury  are stealing public money or not is as difficult to detect as whether a fish is  drinking water or not.<\/em> <em>The collection of&rsquo;  incidents of corruption from several news reports highlights features of  corruption in revenue: (i) there is a sudden spurt in instances of corruption  (ii) the corruption is showing its origin at the top and percolating downwards  (iii) there is a tendency to protect the corrupt and hound the honest (iv)  excepting highlighting the issue in media there is no revolt nor remedial steps  taken against corruption; people are getting used to corruption as a necessary  evil of the system or a &lsquo;part of life&rsquo;. I am amazed at the  patience of Indian people who endure injustice and unfairness with servility  and resignation. We bear the torture of the laws and fatality of corruption and  endure ourselves in such circumstances which would lead to bloody revolution in  any other polity. Corruption is a cancer eating  into the roots of the society. It is difficult to fight against corruption  because the chances of success are bleak but this is no reason for despondency.  Nobody is born corrupt; it is the vitiated atmosphere in the society and the  system of governance which converts the clean into the corrupt. An honest  person resists corruption but allurements and temptations at times prevail upon  him and once corrupt, even an honest person prefers and finds it convenient to  stay corrupt. The seeds of corruption are sown in the mind of the man and the  cure, if any, lies in eradicating the seeds of corruption from his mind. An  honest revenue official says &ldquo;The honest are hounded; they are humiliated; they  are ignored; they are manipulated: they are used, they are punished; they  become the laughing stock in society and in their families: even their very  honesty is suspected. In spite of that, there are many honest officers in the  department who remain honest against all adversities. They are a special  species; they have to be preserved and protected<\/em><\/p>\n<\/blockquote>\n<p>\n<\/p>\n<p>  <strong>Hon&rsquo;ble Justice Lahoti<\/strong> gave more than 25 instances of  corruption based on the paper reports which was published in a span of six  months. Though more than 10 years have passed, nobody knows the fate of all  these cases. If the Government had taken some remedial measures on the basis of  speech delivered by the then Chief Justice of India, possibly we could have  avoided all the present episodes which have&nbsp;&nbsp;  taken place in the last few months. As there is no speedy disposal of cases  there is no impact on the corrupt people. Even the media has not played any  role to find out what is the fate of all these cases. Therefore, the proposed  Lokpal Bill must provide that all the cases relating to corruption must be  heard and disposed of within one year. This is possible if there is increase in  the number of Judges constituting the Courts. Unless the Government appoints  the required number of judges, it is impossible for the judiciary to dispose off  the pending cases. I am of the opinion that before bringing the Act, appoint  new judges and create infrastructure and environment which will enable the  courts to quickly dispose off the matters pending in Courts. If the assessees  are able to get the finality to the assessment at least within two years of  assessment, I am sure many assessees will not indulge in unethical practice and  will prefer to fight the matter in Courts.<\/p>\n<\/p>\n<p>  Former President of India <strong>Dr. A.P.J. Abdul Kalam<\/strong>  said <strong>&ldquo;<em>Establishing a corruption-free India is a major challenge. I propose a youth brigade as  the solution. &lsquo;I can do it&#8230;We can do it; India will do it, should be the spirit,<\/em>&rdquo;&nbsp; <\/strong><\/p>\n<p><\/p>\n<p>  War is fought against enemy country, where as in corruption  one has to fight against own people. It is not so easy, however, let us make an  honest attempt to have corruption free India. <\/p>\n<p>  I am of the opinion that the intellectuals and  professional organizations must study the Lokpal Bill and should send their  suggestions objectively, so that the Bill can serve the desired objectives. My  suggestions are as under:-<\/p>\n<\/p>\n<p>  (1) Judiciary should  be outside the purview of Lokpal Bill.<\/p>\n<p>  (2) As per Clause 12,  any person other than a public servant can make a memorandum of complaint to  the Lokpal. I am of the opinion even public servants should also be given  liberty to make a memorandum of complaint e.g. Some body may approach the  public servant with the favour, the public servant in an appropriate case may  refer the matter to Lokpal.<\/p>\n<p>  (3) On making enquiry  if the memorandum is held to be without any basis and with the intention to  bring discredit to the reputation of particular person or institution the  person who makes the memorandum must be held guilty and must be made  punishable.<\/p>\n<p>  (4) There has to be  specific provision to deal with contempt proceedings with the Lok Pal.<\/p>\n<p>I do appreciate the concern of Civil liberty but merely  bringing law is not the solution, rather providing required infrastructure and  facilities so that there can be effective justice delivery system, is what is  required.<\/p>\n<\/p>\n<p>We are having finest judges whose integrity is beyond  reasonable doubt and they are following the mandate of Constitution of India  and deciding the matters without any fear or favour. I, therefore, appeal to the  professionals to send suggestions to the proposed Committee urging them not to  include judiciary in the proposed Bill.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <\/p>\n<p><\/p>\n<p>  Jai hind<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.itatonline.org\/blog\/wp-content\/uploads\/2008\/12\/ksa_sign.gif\" alt=\"ksa_sign\" title=\"ksa_sign\" width=\"97\" height=\"41\" class=\"alignnone size-full wp-image-57\" \/><\/p>\n<p> Editor-in-Chief <\/p>\n<\/p>\n<p> Reproduced with permission from the AIFTP Journal, June 2011<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The author adds  his voice of reason to the strident debate on the pros and cons of the Lokpal  bill. The author argues that while the proposal to bring the judiciary under  the scrutiny of the Lokpal is well-intentioned, it will adversely affect the fearlessness and independence of the judiciary and have disastrous  consequences. Instead, the author suggests measures to curb  corruption in the judiciary<\/p>\n<div class=\"read-more\"><a href=\"https:\/\/itatonline.org\/blog\/judge-no-judge\/\">Read more &#8250;<\/a><\/div>\n<p><!-- end of .read-more --><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[5],"tags":[],"class_list":["post-491","post","type-post","status-publish","format-standard","hentry","category-legislation"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/posts\/491","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/comments?post=491"}],"version-history":[{"count":0,"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/posts\/491\/revisions"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/media?parent=491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/categories?post=491"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/blog\/wp-json\/wp\/v2\/tags?post=491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}