Sunday, November 28, 2010

[HumJanenge] "Judge Uncle Syndrome" in the High Courts

It is not only Judge Uncle the High Courts.

There is another sinister and secret association which controls the Judiciary.
Its motto is clear, when 1 of the parties (or their advocate) is a member and
the others are not, the judge MUST favour his brother irrespective of the
merits of the case. You can spot them by their secret signs and symbols,
such as the metal of their pens, and the number of pens they are allowed
to wear to indicate their "degree" within the brotherhood.

Take my one of my own long pending cases in the Delhi High Court. The writ
where DISCOMS of Delhi challenged CIC's order holding them to be
Public Authority.

At the very first hearing they arranged that matter was listed in 2006
before a judge
whose brother practices in the same high court and has represented 1
of the DSCOMS
previously on numerous occasions. They got an ex-parte state order in
their favour
which carries on till today. In April 2010 the ASG Chandiok appeared for DISCOMS
(who vociferously claim not to be Govt) and despite the opposite party being
2 bodies of Govt, and secured an order allowing CIC to be dropped as a party
and all hearings to be frozen till further notice. I was prevented by
the High Court
Registry from reaching the court in time to voice my objections. The
judge who passed
these orders is the toast of the NGO chatterati circuit for his bold orders.

The state of the judiciary is a reflection of the sate of the nation
today. As someone who
has been attending the superior courts for almost 30 years now, I can
say that the gangrene
has corrupted all the courts in the land, and there is no hope till
they are all amputated.

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