Amoung the three organs of our Constitution the law-makers are controlled by the people, bureaucracy (yes, bureaucracy, because without the active support of the bureaucracy no politician can do any wrong!) and finally the judiciary; the law-enforcers are also controlled by the law-makers and the judiciary. And then there are the ears and eyes of the people- the media waiting to sensationalise every news involving the misdemeanour of these authorities. Inspite of such strict supervision and control all that we can hear these days are about politician-bureaucrat-underworld nexus even though the fact remains that none, worth the name, from this unholy nexus have ever been punished by the holier-than-thou judiciary.
So now think how bad a system can be which is not only NOT subject to supervision but also kept beyond critical observation. Well isn't our judiciary just that? And do I need to recapitulate that quip: power corrupts and absolute power corrupts absolutely?
Now here is another report:So now think how bad a system can be which is not only NOT subject to supervision but also kept beyond critical observation. Well isn't our judiciary just that? And do I need to recapitulate that quip: power corrupts and absolute power corrupts absolutely?
"It is true that the solution suggested is unusual, but unusual situations which pervert the judicial system require unusual and unorthodox remedies."
-Eminent jurist H.M.Seervai in his book, Constitutional Law of India
This was the very quote that Binod Kumar Roy, Chief Justice of the Punjab and Haryana High Court, used to justify his five-page administrative directive restricting relatives of certain judges from appearing before them. The Bar Council rule is clear that lawyers can't appear before their own kin. Roy's directive identified a dozen judges whose relatives are advocates (see All in the Family) and forbade them from appearing before any of these 12. This ensured that a judge cannot help even a fellow judge's kin.
Within a month of this directive, the SC collegium recommended his transfer to the Patna High Court.
- http://www.outlookindia.com/full.asp?fodname=20041108&fname=Judges+%28F%29&sid=1&pn=1
---------- Forwarded message ----------
From: Sarbajit Roy <sroy.mb@gmail.com>
Date: Fri, May 31, 2013 at 3:08 PM
Subject: Re: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
To: indiaresists <indiaresists@lists.riseup.net>
Dear Major Rai
Yours is not a unique experience. All litigants face it at some time or another. Nothing will come out of your complaint.
1) The judiciary is now a law unto themselves. They have arranged things in such a manner that they are untouchable. Nobody can initiate PCRA action against them, without CJI's approval.
2) Complaints against judges go unheard because there is no mandatory transparency or accountability. They say that RTI Act does not apply to them
3) Your case is nothing. I have the most amazing example before me of a certain High Court in India. The Acting Chief Justice of that Court openly ran an "society" comprising leading senior advocates of that court and also serving judges. An unaffiliated judge of their court had to PUBLICLY pay hefty "tribute" to members of the society to advance in the profession.
When members of IAC applied in RTI for the said judgments whereby these BRIBES (for that is the only word for it) were being paid by junior judges to "seniors", the reply of the PIO was that these judgments "are not available". First Appeal in RTI was filed stating that under Article 215 the High Court is a Court of record so it must be explained how such judgments can go "missing". The reply of the First Appellate (Registrar of the High Court) was that PIO being on the administrative side has no access to judicial records. IAC then applied for the order under the High Court Rules for a certified copy of the Judgments, it has been about 1 month now and the standard reply is "not yet prepared". The names of the high profile HC judges and the senior advocates who received these BRIBES will rock the nation if any media dares to publish it. Which brings me to the next issue.
4) JUDICIARY has ensured that no newspaper or media outlet will publish against them. The Rs. 100 CR defamation damages in Times Now case has ensured that.
5) Today there is not even 1 honest senior (or at least I cannot find one) who can publicly go on record to ensure action is taken against corrupt judges. We have all seen how ineffectual even Shanti Bhushan ji was when he said 8 out of last 16 CJIs were corrupt. I speculate that his son may even say in a few years that 13 out of last 21 CJIs were corrupt.
Sarbajit
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From: Sarbajit Roy <sroy.mb@gmail.com>
Date: Fri, May 31, 2013 at 3:08 PM
Subject: Re: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
To: indiaresists <indiaresists@lists.riseup.net>
Dear Major Rai
Yours is not a unique experience. All litigants face it at some time or another. Nothing will come out of your complaint.
1) The judiciary is now a law unto themselves. They have arranged things in such a manner that they are untouchable. Nobody can initiate PCRA action against them, without CJI's approval.
2) Complaints against judges go unheard because there is no mandatory transparency or accountability. They say that RTI Act does not apply to them
3) Your case is nothing. I have the most amazing example before me of a certain High Court in India. The Acting Chief Justice of that Court openly ran an "society" comprising leading senior advocates of that court and also serving judges. An unaffiliated judge of their court had to PUBLICLY pay hefty "tribute" to members of the society to advance in the profession.
When members of IAC applied in RTI for the said judgments whereby these BRIBES (for that is the only word for it) were being paid by junior judges to "seniors", the reply of the PIO was that these judgments "are not available". First Appeal in RTI was filed stating that under Article 215 the High Court is a Court of record so it must be explained how such judgments can go "missing". The reply of the First Appellate (Registrar of the High Court) was that PIO being on the administrative side has no access to judicial records. IAC then applied for the order under the High Court Rules for a certified copy of the Judgments, it has been about 1 month now and the standard reply is "not yet prepared". The names of the high profile HC judges and the senior advocates who received these BRIBES will rock the nation if any media dares to publish it. Which brings me to the next issue.
4) JUDICIARY has ensured that no newspaper or media outlet will publish against them. The Rs. 100 CR defamation damages in Times Now case has ensured that.
5) Today there is not even 1 honest senior (or at least I cannot find one) who can publicly go on record to ensure action is taken against corrupt judges. We have all seen how ineffectual even Shanti Bhushan ji was when he said 8 out of last 16 CJIs were corrupt. I speculate that his son may even say in a few years that 13 out of last 21 CJIs were corrupt.
Sarbajit
On Fri, May 31, 2013 at 12:38 PM, Pankaj Rai <raipankaj@yahoo.com> wrote:
I have personal experience of two judges of High Court of Karnataka pronouncing an order in the open court and then going back on their word. Legally I have challenged that and also filed an administrative about the misconduct of the two judges.Regards,PankajMaj Pankaj Rai (Retd),From: Jagjit Ahuja <jagjit.ahuja@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Cc: prakash risbud <risbud_p@yahoo.com>
Sent: Thursday, 30 May 2013 11:32 AM
Subject: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
There is no transparency in our total governing system . They have all the powers but no responsibility and accountability.Every one in the rung particularly the politicians , bureaucracy and judiciary have been taking the maximum advantage.They ensured safeguards at every step so as no to be punished for their misdeeds.
Recently one IAS officer of Karnataka was tried and punished by Lokpal Court for wrongfully distribution of land to his favorites . When he appealed against the punishment , the Karnataka High Court dismissed the case saying that Government permission was not taken before trying this IAS officer.This is how they find the loopholes in the laws but never go into the gravity of the crime.
How long this will continue? Thus the first step needed is to rejuvenate the judiciary .
brig J S Ahuja
On Thursday, May 30, 2013, Mr. Hemant Kshirsagar <hemantkshirsagar01@gmail.com> wrote:
> Revert the same to Appellate of that organization with copy of refused "postal letter", with letter for such incident. If no response forward the same to CIC, with all copies of communications.
>
> Regards,
> Hemant K
>
> On Wed, May 29, 2013 at 5:54 PM, prakash risbud <risbud_p@yahoo.com> wrote:
>
> Hi Can anyone tell me if RTI letter is refused and sent back as refused what is the further process.
> Thanks
> prakash
> From: v.v. mishra <vmishra70@gmail.com>
> To: indiaresists@lists.riseup.net
> Sent: Wednesday, May 29, 2013 11:22 AM
> Subject: Re: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
> send more details.
>
>
> Adv V Mishra
> On Wed, May 29, 2013 at 4:51 AM, Vijay Kapoor <vijay99kapoor@yahoo.com> wrote:
>
> My experience with judges discloses that many, if not most, are corrupt. They are typically beholden to the rich and powerful, thereby disclosing a feeble mind. The country is in urgent need for complete overhaul of the judiciary .... recruitment, training, monitoring & evaluation, and weeding.
>
> Vijay Kapoor
> --- On Tue, 5/28/13, Jasvir Singh <jasvir70@gmail.com> wrote:
>
> From: Jasvir Singh <jasvir70@gmail.com>
> Subject: Re: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
> To: indiaresists@lists.riseup.net
> Date: Tuesday, May 28, 2013, 2:59 AM
> Dear Maniramji, you have raised a very pertinent issue. The appointment to the chairs of the CBI is also highly questionable, so very comprehensive and wide ranging reforms shall be required to be put in place. I share your concerns over the deplorable plight of the judicial system in our country.
> regards
> jasvir
> On Tue, May 28, 2013 at 11:33 AM, MANIRAM SHARMA <http://us.mc1402.mail.yahoo.com/mc/compose?to=maniramsharma@gmail.com> wrote:
>
> From: Mani Ram Sharma
> Advocate
>
> Nakul Niwas, Behind Roadways Depot
> Sardarshahar- 331 403-7District Churu (Raj)
> http://us.mc14
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