Dear Bibek Anand
Yes we need to move very cautiously. A few days back I met Dr. Niraj
Kumar, who told that the matter of formation of judicial council, which was
approved by cabinet, is now before the Parliament, and till that date we
have to watch and see.
After the formation of judicial council, on the matter of any
complaint, the council will keep a watch on Judges(Corrupt), against whom
complaints are received.
On 19=10=2008, I was at Mumbai to attend a meeting at the residence of
Dr Rebello, where about 15 participants were present. Major Ravi and Dr. Leo
Rebello, agreed with me that the presiding officer of the proposed council
must be Vice President of India and Appellete authority be President of
India. Otherwise, till date it is our experience that fellow brother Judges
take the side of their own fellow brother Judges. Even chief Justice Of
India can not be an exception to it. How the Ministry of Law is thinking
and it is moving in what direction, we are not aware till date.
The Ministry's view may not be the same what we are apprehending.
I am writing this on the basis of my own experience as also what we
have observed by recent impeachment issue, which is still hanging .
If Judicial council will be strict, we can hope that Judges will have
a fear in their mind. Otherwise they treat themselves as GOD, and not only
GOD but SUPER GOD.
At the moment there is no yard stick to measure the level of
corruption in judiciary, but it is rampant and particularly the Judges who
are given posting in the same state where they were practicing as Advocates,
it has taken worst shape.
Second aspect is also important, i.e. of Advocate sons of father
Judges. The son advocates are earning crores of Rupees, in a year in Lucknow
High Court. One such son advocate of father Judge paid Rs. 22.00 lakhs as
Income Tax last financial year, to make the black money as white
money,showing about Rs. 2.00 crores of income. If you see his Vakalatnama on
record of the High court, it may not be beyond Rs. 15 Lakhs income in a year
and that too when they appear before Uncle Judges( because they can
not appear before the court of their father judge and that income can also
not be shown in return), which fact is a open secret.
The modus operandi is very simple that when a client (of Murder
convict) or other client with Heavy value property litigation requires,
favourable order from a Judge,he find out the son advocate of that Judge,
who charges hefty fees.
This Son advocate have a panel of junior / tout advocates, who in
proxy are appearing on behalf of son advocate before his father Judge and
tout/junior advocate simply move his lips when he appear before the father
Judge, the Judge deliver the judgement in his favour.The junior advocates
are paid Rs. 1000/- to 2000/- only, whereas son advocate charges between Rs.
1.00 lakh to 50.00 Lakhs, as the gravity of the case desires.
It is also a truth that in one of the case the said son advocate
managed fake Ex-parte contempt order in favour of a client from his father
judge against a person with a punishment order, to teach him a lession.
It is a truth and nothing less than a truth, and only victim can
describe it, who has suffered due to this (mischief ?)
Any way let us hope for the good as GOD is great. May God help us and
the humanity at large.
Regards
Dr.JN Sharma
On Wed, Oct 29, 2008 at 8:12 AM, Bibek Anand <[EMAIL PROTECTED]> wrote:
>
>
> ---------- Forwarded message ----------
> From: Bibek Anand <[EMAIL PROTECTED]>
> Date: Mon, Oct 6, 2008 at 1:21 PM
> Subject: Some out of the box thinking for the judiciary !
> To: Jagnarain Sharma <[EMAIL PROTECTED]>
>
>
>
> Dear Sir ,
>
> Namaskar !
> Judiciary is one of the three
> pillars of the governance . But it has some reservations regarding the check
> and balance system as enshrined in the constitution . Judiciary too
> should be subjected to the ethos of accountability. Being the judge of one's
> own issues negates the very fundamental principle of justice .
>
> With so many skeletons coming out
> of the cup-board in the judicial sphere even in the regime of contempt of
> court , scheme are making right thinking people apprehensive. There is no
> guarantee of the moral rectitude in the present setup of the judiciary . The
> principle of Contempt should be taken as the last resort . But the
> institution of the judiciary must desire this power to continue after
> deserving it genuinely .
>
> In the present knowledge era, it
> is highly imperative , that people from various walks of life should be
> allowed to enter the hallowed portals of the judiciary . This will
> definitely lead to better understanding of the various issues, and
> strengthen the internal fabric of the judicial system . Morality,
> rationality , domain knowledge , and the legal aptitude should be the
> essential prerequisites for the entrants . Those having not possessing a
> degree in law at the time of the appointment , should be imparted a crash
> course in judicial academies . This innovative scheme will bring the
> opportunity to the brightest persons in the society to further the cause of
> justice and upholding truth.
>
> Post-retirement assignments in
> various government slots should be discouraged , and rather teaching
> assignments and undertaking social initiatives should be encouraged among
> the retirees so that society may be guided to tread on the saner path .
> However a very generous scheme of post-retirement benefits must necessarily
> be provided to the superannuated judges. There should also be some seats
> reserved in our parliament and the state legislatures for the retired
> judges . There should be at least 10 times raise in the judicial positions .
> By this way, we will be truly heralding an era of the rule of law nay
> justice . Judges having different educational background and selected on the
> basis of a stringent test, of both their knowledge and their personal
> integrity , will really steer the society on a correct path .
>
> Hope, these suggestions will be
> taken into consideration , if we really want a reformed judiciary . However
> it is another matter, a truly sane idea is normally jeered at , or at worst
> throttled out .
>
> Regards!
>
> Yours truly,
>
> Bibek Kumar Anand
> Convener " SAMPADA"
>
>
>
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