MISSION JUSTICE - 0001 - HIGHER JUDICIARY

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This slide show is to create awareness and to enlighten people about the reports, facts and position on judiciary. We are not against Judiciary but definately against inaction.

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  • The same is relevant one.
    Advocate Arun Kumar
    High Court , Patna
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  • Great collection and presentation of facts
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  • swatantra awaz welfare org. is not built for academic writing action is our domain.......... let us join hands and start work on warfoot i want to see india of my dreams within my life. ...........i am committed. ..................we are committed. ......................and they trust me and i need help from those who are awakened so that their faith within us must become fruitful.

    waiting for positive response.

    thanks and regards
    president swatantra awaz welfare org.
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  • Crusader Against Corrupt Brother Judges:- Just DVS
    Justice D.V.Shylendra Kumar . .
    Judges Declaration of Assets:- Champion; Justice D.V. Shylendrakumar of Karnataka High Court.

    He made 'What-was-Impossible-For-Indian-Parliament Vis-a-Vis Declaration of Judges Assets' now on on war Against 'Defunct, Corrupt & Adhock CJ of Karnataka Dinakaran'

    Now 'He is on War against SC Collegium's Corrupt & Non-Transparent Methods of 'Judges' Appointment, Transfer, Elevation' & 'Disciplining Errant Corrupt & Defunct Land-Grabber-CJ- Dinakaran.

    Watch-out His Sacrifices in www.judgespot4plot.com ; www.indiancorruptjudges.com & www.indiacoruption.com
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  • Justice D.V. Shylendra Kumar made-it-become-true . .Vande Mataram . . Indian National Song . .

    Justice DVSK, had to face All . . including CJI Balakrishnan.
    Later CJI had all Praises for DVSK.

    All Corrupt Judges Skeletons Started-Tumbling . . Veerappa Moily & Many Indian Judges' Unbelieving Belief . . .including Supreme Court itself. .

    Alass! Justice Ram Mohan Reddy & Co of Kranataka High Court Have failed to Publicise the Assets. But WHY? Unless Judges & co ; has Amassed Illegally the Assets !

    All-By-One-Man . . JAI Ho Mr. Justice D.V. Shylendra Kumar . .We Indian Citizens R Behind Ur Every Step . .
    www.judgesplot4plot.com Digvijay Mote — July 28, 2010
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MISSION JUSTICE - 0001 - HIGHER JUDICIARY

  1. 1. by Mission Justice, Mumbai April 2010 Serial No. 0001
  2. 2. Disclaimer <ul><li>All the matter is these slides has been compiled from various newspapers, news-clippings and case laws. </li></ul><ul><li>We are not responsible in any error at the source document. If the matter, as reported in source document, has any errors, we take no responsibility for the same. This presentation is replica of the matter, as reported in source document. We have not found any challenge to the source documents. Thus, we consider the contents as reliable and true. </li></ul><ul><li>The slide show is backed by a collection of news clippings and other sources. These can be inspected by any interested party with due notice OR we will be publishing all the clippings in a pdf file format, in due course, to have full transparency. </li></ul>
  3. 3. Preamble <ul><li>Why are we concerned? </li></ul><ul><li>Justice is above equality and fraternity. This means that, for other things to survive Justice is must. </li></ul><ul><li>If Judiciary is good, or rather, as per our expectations exceptional and marvelous, then Justice will be done. </li></ul><ul><li>Hardly 30 people form part of Supreme Court Judiciary to give final Justice to 100 crore plus people and hence they must be near perfect human beings. </li></ul><ul><li>  </li></ul>
  4. 4. Preamble <ul><li>If wrong impression is created by conduct of Higher Judiciary, the lower Judiciary also collapses as it has no or reduced fear and no or reduced  respect for higher Judiciary. </li></ul><ul><li>Higher the Court, the Higher must be the conduct of the Judge, so as to make lower court accountable. </li></ul><ul><li>Supreme Court is infallible only because it has been made and given supremacy. </li></ul><ul><li>The Judges get all the facilities from our tax payments. All seminars and conferences/ travelling/ pension is taken care of from taxpayers monies. </li></ul><ul><li>  </li></ul>
  5. 5. Overview <ul><li>Justice Dinakaran case </li></ul><ul><li>Justice Nirmal Yadav case </li></ul><ul><li>Justice Saumitra Sen case </li></ul><ul><li>Justice R Raghupathi case </li></ul><ul><li>Other Judges caught in corruption </li></ul><ul><li>Declaration of Assets of Judges </li></ul><ul><li>Justice Credibility </li></ul><ul><li>Radha Krishna Episode – An insult to Hindu God </li></ul><ul><li>Faith in Judiciary </li></ul><ul><li>RTI Spectre </li></ul><ul><li>Quid Pro Quo </li></ul><ul><li>Code of conduct for Higher Judiciary in India </li></ul><ul><li>What we want </li></ul>
  6. 6. Justice P D Dinakaran Case <ul><li>Started as tenant but became landlord (as alleged) of 199 acres of fertile land during his career and even rises to become CJ of Karnataka High Court. </li></ul><ul><li>SC collegium recommended to elevate him as SC Judge. Despite Govt. pointing out allegation, the collegium reiterated the recommendations. Fali Nariman exhorted his fratenity to keep away from benches of collegium judges and stated ‘‘People will spit on us if we don’t boycott the collegium members,’’ </li></ul>
  7. 7. <ul><li>Nariman said: &quot;The gentleman (justice Dinakaran) should have been dropped like a hot cake the moment serious allegations supported by documentary evidence surfaced against him. I have no faith in the collegium system.“ </li></ul><ul><li>Apart from Nariman, eminent lawyers like Anil B Divan, Prashant Bhushan and Shanti Bhushan, too, are aggrieved by the collegium's attitude in keeping justice Dinakaran in the reckoning for the apex court. </li></ul>Justice P D Dinakaran Case
  8. 8. Justice P D Dinakaran Case <ul><li>Allegations against him: </li></ul><ul><ul><li>Disproportionate assets, unlawful securing plots, benami transactions, agriculture land beyond ceiling limit, illegal encroaching of government land, deprive dalits and poor of livelihood, violation of human rights against dalits and destruction of evidence. </li></ul></ul><ul><li>Collector of Tiruvellur confirmed the charges. </li></ul><ul><li>TN government also confirms this. </li></ul>
  9. 9. Justice P D Dinakaran Case <ul><li>Top Jurist protested and Karnataka judges do not cooperate with CJ </li></ul><ul><ul><li>75 MPs serve impeachment notice </li></ul></ul><ul><ul><li>Collegium passes call on Government to get out of the critics and public outrage. Govt. does not accept this and resends it to collegium. SC collegium withholds the promotion as SC judge after initial hesitation </li></ul></ul><ul><li>As on this date no data is being given whether his name is dropped or still pending. </li></ul>
  10. 10. Justice P D Dinakaran Case <ul><li>SC collegium asks him to proceed on leave </li></ul><ul><ul><li>Dinakaran defies SC collegium. </li></ul></ul><ul><ul><li>The law minister claims that Dinakaran is not above law and has to abide. </li></ul></ul><ul><ul><li>But still the will of Dinakaran prevails. </li></ul></ul><ul><li>SC transfers him to Sikkim HC </li></ul><ul><ul><li>Sikkim HC bar protests </li></ul></ul><ul><li>Mayavati and Buta Singh gives caste / class colour </li></ul>
  11. 11. Justice P D Dinakaran Case <ul><li>Just think… </li></ul><ul><ul><li>For a case of disproportional assets, illegal encroaching, of government land, depriving dalits and poor of livelihood, violation of human rights against dalits and destruction of evidence any other person would have been arrested, inquired. Senior Advocate P P Rao said that judges had ‘‘failed’’ to live up to the responsibility of selecting judges on merit. </li></ul></ul><ul><ul><li>But, a CJ of high court is enjoying differential treatment – WHY?? </li></ul></ul><ul><ul><li>(sources – Hindustan Times, Times of India and DNA of various dates) </li></ul></ul>
  12. 12. Justice Nirmal Yadav Case <ul><li>A Cash packet of Rs. 15 Lakhs was delivered to Justice Nirmaljit Kaur, a judge of Punjab and Haryana High Court (PHHC). </li></ul><ul><li>She reported to police and it was revealed that the cash was for Justice Nirmal Yadav (having same first name.) </li></ul><ul><li>Three independent enquiries by local police, CBI and in-house judges’ panel concluded that charges of corruption are valid prima facie against Justice Nirmal Yadav. </li></ul>
  13. 13. Justice Nirmal Yadav Case <ul><li>There are reports that CJI took opinion of Attorney General of India and dropped the charges. </li></ul><ul><li>CJI rejected CBI’s request to sanction prosecution against her after discussion with Mr. Veerappan Moily, Minister for Law and Justice. The CBI makes application to withdraw and states that CJI has asked so. </li></ul><ul><li>Later, she was transferred to Uttarakhand High Court. </li></ul>
  14. 14. Justice Nirmal Yadav Case <ul><li>CJI says that the matter is in between CBI and Government. </li></ul><ul><li>Law Ministry refused to disclose information on the recommendations by CJI. </li></ul><ul><li>The case seems to have been buried and closed (HT 18/01/2010) </li></ul><ul><ul><li>The CBI blames CJI. </li></ul></ul><ul><ul><li>Why not hold CBI guilty for Contempt if this statement is false. </li></ul></ul><ul><ul><li>Punjab and Haryana Bar flayed the CJI. Other Bars silent </li></ul></ul>
  15. 15. Justice Nirmal Yadav Case <ul><li>Just think.. </li></ul><ul><ul><li>For a case of outright corruption, any other person would have been arrested, inquired. </li></ul></ul><ul><ul><li>The information as to the facts of this case as sought under RTI is also denied. </li></ul></ul><ul><ul><li>But, CJI seems to be in no mood to let the truth being unveiled and covers it by sec.8 of RTI Act. </li></ul></ul><ul><ul><li>But, a judge of high court is enjoying differential treatment? WHY?? </li></ul></ul><ul><ul><li>(sources – Hindustan Times, Times of India and DNA of various dates) </li></ul></ul>
  16. 16. Justice Saumitra Sen Case <ul><li>Misappropriated Rs. 33 Lakhs public money as court approved receiver in 1993. </li></ul><ul><li>Became judge of Calcutta High court. </li></ul><ul><li>Matter of misappropriation come to light. </li></ul><ul><li>Judges committee indicted him of fraud. CJI recommended for impeachment. </li></ul>
  17. 17. Justice Saumitra Sen Case <ul><li>Matter pending in Rajya Sabha since Feb 2009 for want of a member, which CJI has most probably now appointed. </li></ul><ul><li>Just think.. </li></ul><ul><ul><li>Before appointing a high court judge, should not the background check be conducted. After disclosure of matter, why it should take years to prosecute? </li></ul></ul><ul><ul><li>Why the plain criminal proceedings for misappropriation, frauds, breach of trust not framed against him. A judge like all public servants be brought under Prevention of corruption Act. (sources – Hindustan Times, Times of India and DNA of various dates) </li></ul></ul>
  18. 18. Justice R Reghupathy Case <ul><li>Justice R Raghupathi of the Madras High Court in the open court had alleged that a Union Minister through his lawyer, spoke to him on telephone seeking favours in a case being probed by CBI. CJI asks for non interference by ministers. </li></ul><ul><li>CJI declares that the said Judge has written to him stating that the minister did not spoke to him directly. </li></ul>
  19. 19. Justice R Reghupathy Case <ul><li>The name of the minister is kept secret. </li></ul><ul><li>The letter by the Judge to the CJI – secret. </li></ul><ul><li>If the minister tried to influence a judge then why not hold him for contempt as he is interfering with the due process of law? </li></ul><ul><li>However, if the Judge made a false statement then the Judge is guilty of misconduct.. </li></ul><ul><li>What is the truth? How will the people know it? Will the truth be buried? Why not disclose it? </li></ul>
  20. 20. Judges Involved in Corruption <ul><li>Justice V Ramaswami , SC Judge </li></ul><ul><ul><li>Was to face impeachment proceedings in parliament but saved by Congress. </li></ul></ul><ul><ul><li>Retired sitting at home. No punishment for wrongs done. </li></ul></ul><ul><li>Justice A M Bhattacharjee , CJ of Bombay High Court </li></ul><ul><ul><li>Forced to resign in 1995 after receiving a disproportionate high sum of USD 800,000 as royalty from West Asia </li></ul></ul>
  21. 21. Judges Involved in Corruption <ul><li>Justice Aurn Madan, judge of Rajasthan HC </li></ul><ul><ul><li>Forced to resign in 2003 after being indicted by judges’ committee for corruption. Also charged for sexual harassment of a woman doctor. </li></ul></ul><ul><ul><li>In a letter to President A.P.J. Abdul Kalam, Bar vice-chairman Praveen Balwada said &quot;The burning question is whether mere obtaining of the resignation would be the just and proper punishment which ought to have been meted out to a person who has been found guilty of corruption and misconduct in the inquiry,” </li></ul></ul><ul><ul><li>(sourcehttp://www.telegraphindia.com/1030519/asp/nation/story_1982947.asp) </li></ul></ul>
  22. 22. <ul><ul><li>Is sexual harassment not similar to Ruchika and Rathod case? Why just resignation? Higher the authority, more is responsibility and severe must be punishment for any misconduct and offence, as it is not an offence which has to be considered but also the fact that the offence has been committed by those who are the custodians of the judicial system. </li></ul></ul><ul><li>Justice Shamit Mukerjee , judge of Delhi HC </li></ul><ul><ul><li>Forced to resign in 2003 following CBI probe of his involvement in multi-crore DDA scam. </li></ul></ul>
  23. 23. <ul><ul><li>Gaziabad Provident Fund scam </li></ul></ul><ul><ul><ul><li>Thirty-six judges including one sitting Supreme Court judge, 11 Allahabad and Uttarakhand High Court Judges and 24 District Court judges are facing investigation in Rs 7 crore Ghaziabad District Court GPF scam. </li></ul></ul></ul><ul><ul><ul><li>No judge, out of the above, is facing impeachment as on this day. </li></ul></ul></ul>Judges Involved in Corruption
  24. 24. Judges Involved in Corruption <ul><li>Just think.. </li></ul><ul><ul><li>After disclosure of matters, why it should take years to prosecute? </li></ul></ul><ul><ul><li>Why have plain criminal proceedings for misappropriation, frauds, breach of trust not been framed against these judges? Let them prove their innocence. </li></ul></ul><ul><ul><li>These cases have given belief that Corruption can also be there in Courts of Law. And has lowered the authority of Courts and those responsible are in Contempt. </li></ul></ul><ul><ul><li>(sources – Hindustan Times, Times of India and DNA of various dates) </li></ul></ul>
  25. 25. Declaration of Assets of Judges <ul><li>Conference of Chief Justices, adopted in 1997 and other conventions adopted some cannons for Judiciary. </li></ul><ul><li>In 2007, S C Aggarwal files RTI application seeking details of implementation of the resolution in declaration of assets. </li></ul><ul><li>Supreme Court refused to provide information saying CJI is not covered in RTI. This is confirmed by CJI. </li></ul><ul><ul><li>Aggarwal goes to CIC </li></ul></ul><ul><li>In 2009, CIC directs SCI to disclose judges assets. </li></ul>
  26. 26. Declaration of Assets of Judges <ul><li>SC moves Delhi HC. </li></ul><ul><li>Single bench of Delhi HC confirms CIC decision. The order is against CJI. </li></ul><ul><li>SC challenges the verdict before bench of Delhi HC. </li></ul><ul><li>3 judge bench again confirms CIC decision. There is criticism against non disclosure by CJI. Now Supreme Court itself will here the case against itself. </li></ul><ul><li>CJI wants to change the RTI Act to put CJI out of RTI. </li></ul><ul><li>Wrote to PM in Sept 2009. The protocol must be that he addresses only to Law ministry. </li></ul>
  27. 27. Declaration of Assets of Judges <ul><li>'CJI is not the big boss of judiciary' was the stand of Karnataka high court justice DV Shailendra Kumar . legal luminaries unanimously supported the stance. </li></ul><ul><li>CJI retaliated saying “The public has a right to know what is happening in the judiciary and I am telling them. I stand by what I have said on disclosure of assets by judges,&quot; . However so far actions are opposite </li></ul><ul><li>Speaking on Justice Kumar's views on the matter, he said, &quot;He wants publicity and such a thing is not good for a judge. Judges should not be publicity-crazy.&quot; </li></ul>
  28. 28. Declaration of Assets of Judges <ul><li>Justice Kumar stated that the top-most judge is more like a “serpent” without fangs who can only hiss but not bite. </li></ul><ul><li>Many former chief justices, judges of the Supreme Court, including justice Krishna Iyer, justice J S Verma and justice V N Khare as well as eminent jurists like Ram Jethmalani, Shanti Bhushan, Fali Nariman and Soli Sorabjee publicly aired their views in favour of public declaration of judges’ assets. Justice Kanan and Justice DV Shailendra Kumar are in favour of declaration. </li></ul>
  29. 29. Declaration of Assets of Judges <ul><li>Under public pressure, SC placed the assets details of few SC Judge’s assets on SC website. The details of dates of acquisition of assets etc. missing. Its half hearted work done. Some Judges did not disclose Bank balance also. </li></ul><ul><li>Then removed part of data (the Bank account details which existed for some Judges), as it is claimed that some one wrote in a post card/letter that these details can be misused. </li></ul><ul><li>Even a post card/letter does wonders, when it concerns the own interests. Ecommerce, Bank details and lot of information exist online. Is the total world going to be off Nets because of a fear of misuse. It’s a lame excuse. </li></ul><ul><li>It was SC, which forced candidates, who contest elections, to declare their assets publicly. Right to information is a right given by the Parliament and it cannot be amended, to suit needs of even the President or Prime Minister, by Courts of law. </li></ul>
  30. 30. Declaration of Assets of Judges <ul><li>Just think.. </li></ul><ul><ul><li>Why CJI is interested in exemption under RTI? </li></ul></ul><ul><ul><li>What is intended to be hidden from public? </li></ul></ul><ul><ul><li>Why transparency is not being followed? Are judges above law? We have a right to know the facts in Dinakaran case and Nirmala Yadav case. </li></ul></ul><ul><ul><li>If Judges don’t abide by law then how will they enforce it on others? </li></ul></ul><ul><ul><li>(sources – Hindustan Times, Times of India and DNA of various dates) </li></ul></ul>
  31. 31. Justice Credibility: Delayed Justice <ul><li>At the end of 2009 </li></ul><ul><ul><li>Cases pending in SC – 55000 (estimated to be 87909 by 2015). </li></ul></ul><ul><ul><li>Cases Pending in HCs – about 45 lakhs. </li></ul></ul><ul><ul><li>Cases pending in lower courts – about 2.72 crores </li></ul></ul><ul><ul><li>Despite all press statements of concerns by CJI, the piling is on in his tenure also at a much faster pace. </li></ul></ul><ul><ul><li>It will take 320 years to clear backlog as per Justice VV Rao of AP HC. </li></ul></ul><ul><ul><li>Over 10 Crore people are waiting for justice. </li></ul></ul>
  32. 32. Justice Credibility: Delayed Justice <ul><li>SC’s stand </li></ul><ul><ul><li>Says NO to night courts, NO to SC branches in Western, Eastern and Southern India (ToI 31/03/2010) </li></ul></ul><ul><li>HC branches in states like UP, MP required </li></ul><ul><ul><li>Opposed by vested interests. Yet, cases of the powerful and mighty are either taken up on priority or delayed beyond normal average period depending on their needs </li></ul></ul><ul><li>Shortage of Judges (April 2010): </li></ul><ul><ul><li>SC: 4 out of sanctioned 31 (13%). Women Judges missing. </li></ul></ul><ul><ul><li>HC: 265 out of sanctioned 895 (30%) </li></ul></ul><ul><ul><li>Lower Courts: 2800 out of 16,721 (17%) </li></ul></ul><ul><ul><li>(sources – Hindustan Times of 22/03/2010) </li></ul></ul>
  33. 33. Radha Krishna Episode <ul><li>To corroborate its judgment AND to justify illegal relations and live in relations the Supreme Court Bench headed by CJI went all the way out to compare live in relation with that of Radha and Lord Krishna. </li></ul><ul><li>It is expected that the CJI and the pious Judges must know that Radha Krishna relation was not physical in nature and their statement is on one hand insulting the sentiments of Hindus and at the same time reduces morality count of the Nation. </li></ul>
  34. 34. Faith in Judiciary <ul><li>“ Court delays impacting FDI. Court delays eating up 2% of GDP, leading to corruption, low investment and inflation” </li></ul><ul><ul><li>Pranab Mukerjee (Finance Minister) (HT – 22/03/2010) </li></ul></ul><ul><li>“ People losing faith in system and also leading to civil unrest, Maoist violence and vigilante justice” </li></ul><ul><ul><li>Veerapan Moily (Law Minister) (HT – 22/03/2010) </li></ul></ul>
  35. 35. Faith in Judiciary <ul><li>If a common man is denied Justice or Justice is delayed to a point, where it is worth nothing, then he has more faith in the Parallel Judiciary of Goondas than in the system. </li></ul><ul><li>Who is responsible for it? </li></ul><ul><li>If the person doing injustice enjoys fruits of his wrong doings then the wrong message is sent and injustice is promoted </li></ul>
  36. 36. Judicial Accountability <ul><li>Some burning examples (recent) </li></ul><ul><ul><li>Justice Dinakaran </li></ul></ul><ul><ul><li>Justice Nirmal Yadav </li></ul></ul><ul><ul><li>Justice Saumitra Sen </li></ul></ul><ul><ul><li>Justice Ramaswami </li></ul></ul><ul><ul><li>RTI, SC and CJI </li></ul></ul><ul><ul><li>Statement on Rape victims by CJI </li></ul></ul><ul><ul><li>Insulting statement for Lord Krishna and Radha </li></ul></ul><ul><ul><li>Colleguim system for promotion and selection. </li></ul></ul><ul><li>“ Most of the Judges are corrupt” -CJ of Gujarat </li></ul>
  37. 37. RTI Spectre <ul><li>RTI Act means transparency in governance (many times confused with ruling) </li></ul><ul><ul><li>It exempts some organisations on the basis of their nature of work related to internal and external security; BUT NOT THE JUDICIARY . </li></ul></ul><ul><ul><li>RTI has exposed many wrongs and help in making these wrongs into right. </li></ul></ul><ul><ul><li>It has scared many corrupt and dishonest officers. </li></ul></ul><ul><li>The citizen has a right to know all, which is not related to internal and external security, effecting sovereignty or relations with friendly governments. </li></ul>
  38. 38. RTI Spectre <ul><li>Office of CJI and/or the SC should set an example of transparency and open governance. </li></ul><ul><ul><li>If office of CJI wants exemption, the natural question is – Why? What does this office have to hide? </li></ul></ul><ul><ul><li>If CJI is unbiased, as he must be, as the head of judiciary, then why hide? </li></ul></ul><ul><ul><li>Why office of CJI should be a black box? The opinion of CJI is like an open court judgment. </li></ul></ul><ul><ul><li>To an ordinary citizen, denial of Information is injustice, lowering the prestige of the judiciary. </li></ul></ul>
  39. 39. RTI Spectre <ul><li>SC declining information on (some examples only) </li></ul><ul><ul><li>Enquiry against Judges. </li></ul></ul><ul><ul><li>P D Dinakaran’s elevation to SC. </li></ul></ul><ul><ul><li>Correspondence with regard to Justice Nirmala Yadav. </li></ul></ul><ul><ul><li>Correspondence with Prime Minister (though PMO has provided some information). </li></ul></ul><ul><ul><li>Code of conduct and conferences of Judges. </li></ul></ul><ul><ul><li>Collegium system and minutes of meeting. </li></ul></ul><ul><ul><li>Logs of People meeting CJI. </li></ul></ul><ul><li>WHY? Are there skeletons in any cupboard? </li></ul>
  40. 40. RTI Spectre <ul><li>In an application by A G Bhat, the CPIO of SC referred the application to CJI and CJI has virtually taken over the role of CPIO and directed CPIO to deny information. </li></ul><ul><ul><li>As per the Act, CJI has no decision making role </li></ul></ul><ul><li>These are not state secrets or compromise with India’s integrity and sovereignty. </li></ul><ul><ul><li>This happens only when there is a fear of something </li></ul></ul>
  41. 41. Quid pro quo <ul><li>CJI writes to PM to exempt office of CJI under RTI. PM agrees. WHY ? (HT 05/03/2010&13/4/21010/ToI 14/04/2010) </li></ul><ul><ul><li>(Thankfully, Mrs. Sonia Gandhi, disagrees to changes in the Act) </li></ul></ul><ul><ul><li>CJI says that SC can not order probe into corrupt acts of politicians. (HT and ToI 26/03/2010) </li></ul></ul><ul><ul><li>SC bails out Mr. Lallu P Yadav in disproportionate asset cases (HT & ToI 02/04/2010) </li></ul></ul><ul><li>Govt. defers Judges Standards and Accountability Bill </li></ul><ul><li>The pressure is on from Judiciary for the same. </li></ul><ul><li>Can there be any link or Quid pro quo? </li></ul>
  42. 42. Code of Conduct <ul><li>On 07/05/1997, a 16 point “ Code of Conduct for Higher Judiciary in India ” drafted </li></ul><ul><ul><li>Adopted by judges of SC and HC, to ensure proper conduct amongst members of higher judiciary </li></ul></ul><ul><ul><li>Gujarat HC was the sole dissenter </li></ul></ul><ul><ul><li>Named as “ The restatement of value of life ”, is believed to have been effective since then </li></ul></ul><ul><ul><li>Drafted by a committee of five judges, headed by Justice Dr. A S Anand, with Justice S P Barucha, Justice K S Paripoornan, Justice M Srinivasan and Justice D P Mohapatra as other members </li></ul></ul><ul><ul><li>(Penunbra of Natural Justice, II ed, 2001 – page 385-387) </li></ul></ul><ul><ul><li>(Times of India 18/10/1999 and 07/12/1999) </li></ul></ul>
  43. 43. Code of Conduct <ul><li>Any Act of a judge of Supreme Court of High Court, whether in official or personal capacity, which erodes the judiciary’s credibility has to be avoided </li></ul><ul><li>A judge should not contest election to any office of a club, society or other association. </li></ul><ul><li>He should not hold any elective office except in a society or association connected with the law. </li></ul><ul><li>Close association of a judge with individual members of the bar, particularly those who practice in the same court must be eschewed. </li></ul>
  44. 44. Code of Conduct <ul><li>A judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or daughter-in-law or any other close relative, if he or she is a member of the bar, to appear before him or even associated in any manner with the case to be dealt by him. </li></ul><ul><li>A member of the judge’s family, if he or she is a member of the bar, should not be permitted to use the residence in which the judge actually resides and use certain facilities meant for the judge for his professional work. </li></ul>
  45. 45. Code of Conduct <ul><li>A judge should practice a degree of aloofness consistent with the dignity of his office. </li></ul><ul><li>A judge should not hear and decide a matter in which a member of his family, a close associate or a friend is concerned. </li></ul><ul><li>A judge must not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination. </li></ul><ul><li>A judge is expected to let his judgments speak for themselves. </li></ul><ul><li>He will not give interviews to the media. </li></ul>
  46. 46. Code of Conduct <ul><li>A judge will not accept gifts or hospitality except from his family, close relatives and friends. </li></ul><ul><li>A judge will not hear and decide a matter concerning a company in which he holds shares unless he has disclosed his interest and no objection to his hearing the matter is raised. </li></ul><ul><li>A judge shall not speculate in shares, stocks or the like. </li></ul><ul><li>A judge should not engage directly or indirectly in trade or business either by himself or in association with any other person. </li></ul>
  47. 47. Code of Conduct <ul><li>Publication of a legal treatise or any activity in the nature of hobby will not be constructed as trade or business. </li></ul><ul><li>A judge should not seek or accept contributions or otherwise actively associate himself with the raising of fund for any purpose. </li></ul><ul><li>A judge should not seek financial benefit in the form of perquisite, privilege attached to his office unless it is clearly available. </li></ul>
  48. 48. Code of Conduct <ul><li>Thereafter, the Chief Justice’s conference approved a resolution which, recalling an earlier resolution of 1992, said: </li></ul><ul><ul><li>“ Resolved that an in-house procedure should be devised by the hon’ble Chief Justice of India to take suitable remedial action against judges, who by their acts or omissions or commission do not follow the universally accepted values of Judicial life, including those indicated in the ‘Restatement of Values of Judicial Life’…. </li></ul></ul>
  49. 49. Code of Conduct <ul><li>Resolved further that every judge should make a declaration of all his/her assets in the form of real estate or investments (held by him/her in his/her own name or in the name of his/her spouse or any person dependent on him/her) within a reasonable time of assuming office and in case of a sitting judge within a reasonable time of adoption of the resolution and thereafter whenever any acquisition of a substantial nature is made, it shall be disclosed within a reasonable time. </li></ul><ul><li>The declaration so made should be to the Chief Justice of the court. The Chief Justice should make a similar declaration for the purpose of the record. The declaration made by the judges or the Chief Justice as the case may be, shall be totally confidential”. (A.G.Noorani, ‘Judges Code-I’, The Statesman, Calcutta, 03/11/1999) </li></ul>
  50. 50. Code of Conduct: Just think.. <ul><li>The ‘ Restatement of Values of Judicial Life ’ and the above resolution was adopted in the Chief Justice’s conference in 1997. </li></ul><ul><li>Is this is not applicable on higher judiciary? Then why have such conventions where the organisation cost is huge and is paid from taxpayers monies. </li></ul><ul><li>This also is a drain on Judicial Time, when cases are pending for years. </li></ul><ul><li>Does it mean - what ever conferences are organised and resolutions are passed will not have any binding effect on next in line judges. </li></ul><ul><li>Then why waste taxpayers’ money? </li></ul>
  51. 51. Code of Conduct: Just think.. <ul><li>Why the judges must travel for conferences abroad? Let the Judges be in Courts only with interactions limited to their Courts. </li></ul><ul><li>Nobody knows, how many violations of this code of conduct are committed by CJI, CJs and judges. Is there any accountability in existence? </li></ul><ul><li>In response to an RTI application SC CPIO says, SC has no records of conferences, code of conduct, press briefings, etc. </li></ul><ul><li>We read day in day out of CJI opinion in interview to newspapers. </li></ul><ul><li>Is this not against the Canons laid down for Judges? </li></ul>
  52. 52. Code of Conduct: Just think.. <ul><li>Some of the most visible violation are interviews to press, expressing views on existing matters, non-declaration of interest in shares, etc. If a Judge violates the cannons he is morally liable for misconduct. </li></ul><ul><li>Judicial Standards and Accountability Bill 2010 -forced the Government to defer the bill (HT-17/03/2010) </li></ul><ul><li>This bill states some of the above codes of conducts, as adopted in 1997. </li></ul><ul><li>All of these are most common sense code of conduct for judges. </li></ul>
  53. 53. Code of Conduct <ul><li>Former CJI Justice A S Verma urged that the judges of Supreme Court and High Courts should be brought under the ambit of a new law on the lines of the Prevention of Corruption Act, 1988 to make them more accountable for their misconduct. </li></ul><ul><li>Justice Verma felt the need of a new law because today judges of the superior judiciary in India, according to him, are not answerable to anyone for their misconduct, as neither the impeachment procedure not internal judicial machinery in workable. </li></ul><ul><li>Former CJI, Justice A S Verma says (PTI, 28/08/1999) </li></ul>
  54. 54. Some Quotes <ul><li>Not only must Justice be done ; it must also be seen to be done. - Lord Hewart CJ (1924) </li></ul><ul><li>Power corrupts. Absolute Power corrupts absolutely. – Lord Acton (1887) </li></ul><ul><li>Justice in the life and conduct of the State is possible only as first it resides in the hearts and souls of the citizens - Plato </li></ul><ul><li>Where might is master, justice is servant - Proverb </li></ul><ul><li>To believe in something, and not to live it, is dishonest – Mahatma Gandhi. </li></ul>
  55. 55. <ul><li>A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people. - JOHN F. Kennedy US president. </li></ul><ul><li>The very word 'secrecy' is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths, and to secret proceedings. - JOHN F. Kennedy US president. </li></ul><ul><li>The people become more observant of justice, and do not refuse to submit to the laws when they see them obeyed by their enactor. &quot;  - Claudian </li></ul>Some Quotes
  56. 56. Some Quotes <ul><li>Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today. – Mahatma Gandhi </li></ul><ul><li>Section 2.c of Contempt of Court Act – </li></ul><ul><li>“ Criminal Contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which i. Scandalizes or tends to scandalize , or lowers or tends to lower the authority of, any court. </li></ul><ul><li>A Judge can also lower the authority of his own Court </li></ul>
  57. 57. Some News Headlines/ Analysis <ul><li>Chief justice of India-led bench flouts supreme court law on delays (DNA 28.12.2009) </li></ul><ul><ul><li>A bench headed by no less a person than the chief justice of India (CJI) appears to be setting a bad example on judicial delays. A three-judge bench headed by chief justice KG Balakrishnan is about to create a record of sorts by not delivering judgment for nearly two years in a case involving the legality of narco tests. </li></ul></ul>
  58. 58. Some News Headlines/ Analysis <ul><li>CJI faces irate lawyers denied easy access to apex court. </li></ul><ul><li>The new security regime in SC has invalidated all professional identity cards of other Courts, except those of the Supreme Court Bar Association, with the apex court bar members also entitled to get a proximity card for themselves or for their clerks. The lawyers from outside missed there appearance and hence protested against the differentiation. </li></ul><ul><li>&quot;We do not want to give the proximity cards to these Ghaziabad lawyers and others,&quot; CJI remarked. </li></ul>
  59. 59. Some News Headlines/ Analysis <ul><li>The legal fraternity did not like the fact that Justice A.P. Shah was not promoted to Supreme Court and he retired with a feeling of hurt. </li></ul><ul><li>Justice Bilal Nazki transferred to Orissa High Court as CJ for 3 days. Nothing can be done in 3 days. He retired thereafter. What purpose was served by spending public money for this. </li></ul><ul><li>The senior most Judge outplays even a much competent Junior Judge to be Chief Justice. The system at times makes CJ for very short period and which affects the output. Some Judges like Shah retire early than needed. </li></ul><ul><li>Age for retirement of HC Judge 62, SC Judge 65 and Lawyers get better and better after this age. </li></ul>
  60. 60. Some News Headlines/ Analysis <ul><li>&quot;The ever flowing stream of justice is compared with the sacred river Ganges. No Judge can be tolerated as polluting the sacred water of Ganges by committing sins while seated in the temple of justice,&quot; Justice Lahoti </li></ul><ul><li>Current CJI’s letter in 2008 to all chief justices of high courts (HC) is loud and clear — say goodbye to ’indolent, infirm and those with doubtful reputation and utility’ by compulsorily retiring them even if they have put in more than 30 years of service. </li></ul><ul><li>Note – We presume that this includes corrupt, lazy and ineffective judges of HCs and SC also, if any and if in future. </li></ul>
  61. 61. MESSAGE FROM EX-JUDGE, SC <ul><li>Quote from a seven-member bench decision of the Supreme Court where Justice PN Bhagwati had said, &quot;We do not understand how the disclosure of the correspondence exchanged between the Law Minister, the Chief Justice of the High Court, the State Government and the Chief Justice of India and the relevant notes made by them in regard to non-appointment of an Additional Judge for a further term or transfer of a High Court Judge can be detrimental to public interest.“ </li></ul><ul><li>(Source - http:// www.zeenews.com/news582069.html quoted by Senior lawyer Prashant Bhushan appearing for Agrawal before CIC </li></ul>
  62. 62. What do we want? <ul><li>We want that Justice must have the place as given in preamble. </li></ul><ul><li>We want that the principles of Natural Justice like &quot;no one can sit over his own cause&quot; be implemented. </li></ul><ul><li>We want Judicial Accountability and want the resolutions passed earlier be implemented. </li></ul><ul><li>We want that in case there is any lacuna shown in functioning of even the Supreme Court then the same be removed. </li></ul><ul><li>We want that no Court must be allowed to give unreasoned orders or pass orders without hearing in any proceedings of any nature. </li></ul>
  63. 63. What do we want? <ul><li>We want that the appointment of Judges must be made open to us and we have a right to know the basis and formulas of appointment and promotion. </li></ul><ul><li>We want that the Right To Information act must cover all Courts and all files. Nothing is to be hidden from a sovereign citizen. </li></ul><ul><li>where there is any misconduct, even if moral in nature, the same must be a reason for disqualification of a Judge. </li></ul><ul><li>We want that Public must be given a right to see who are the candidates for promotion and BAR members must have a say before selection is done. </li></ul>
  64. 64. What do we want? <ul><li>We want that in case any Judge has violated the CANNONS OF JUSTICE then he must resign and must give up his title as a judge. </li></ul><ul><li>We want that if a Judge ignores his duty or fails to abide by principles of Natural Justice then he must be removed as we cannot afford bad judiciary. </li></ul><ul><li>We want a clean, clear and powerful Judiciary on whose shoulder the responsibility of upholding rights and giving Justice can be done with all fairness. We want a Judiciary of top class where the fairness is unambiguous and is pure. </li></ul>
  65. 65. FINAL MESSAGE <ul><li>When injustice is done, the victim experiences pain. </li></ul><ul><li>More pain is caused when the Victim run Court to Court and across Judicial and law system with expectation of Justice. Time, Money, energy are involved and other activities compromised. Peace lost. </li></ul><ul><li>Greater pain is there as time passes. The Accused/wrong doer is enjoying the fruits of his own wrongs as litigation is on and on. </li></ul>
  66. 66. FINAL MESSAGE <ul><li>More Greater pain is caused when Justice is denied on some technical ground or when the screw driver of law is used to put the nails on Truth or when a Judge errors. </li></ul><ul><li>Greatest pain is caused when the Judicial system sinks and faith transfers from law enforcers to law breakers and hence the rise of Maoist AND THE Goondas. </li></ul>
  67. 67. In Public Domain <ul><li>This presentation is made by MISSION JUSTICE (MJ) in public interest, for public education and awareness creation only. </li></ul><ul><li>All the material has been taken from news-papers and other media in the last 1 year or so. All this material is published and available in public domain. </li></ul><ul><li>MJ puts this presentation PUBLIC DOMAIN. </li></ul><ul><li>Any one can use it in the same condition, without any tempering, for general good and public education. </li></ul>
  68. 68. About Mission Justice <ul><li>MISSION JUSTICE (MJ) is a MISSION of a group of individuals committed to Justice to all. </li></ul><ul><li>Based in Mumbai with foot prints all over India. </li></ul><ul><li>Can visit the blog - http:// themissionjustice.blogspot.com / to make comments or Email us on: [email_address] </li></ul><ul><li>All interested are invited to join this MISSION to Justice to create a better world for our children. The Mission Justice is inspired by “QUIT INDIA MOVEMENT”. Please email us your response. </li></ul>
  69. 69. Mission Justice <ul><li>THANKS </li></ul>

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