JUDGES SHOULD LIFT THEIR VEIL OF SECRECY
By Aires Rodrigues
In a move towards transparency and accountability the Judges of the Supreme Court of India in 2009 began making their assets and liabilities public on the court's website. However of the current 28 Supreme Court Judges seven of them have not yet made their assets public which include RK Agrawal, Arun Mishra, Adarsh Kumar Goel, RF Nariman, Abhay Manohar Sapre, R Banumathi, and Uday Umesh Lalit.
On 2nd September 2009 the judges of the Bombay High Court had decided through a unanimous resolution of the full court to make their assets public. But despite over five long years having elapsed the veil of secrecy over the assets and liabilities of Judges continues with the High Court defaulting in complying with its own resolution.
As is required to be done by all public servants, the assets and liabilities of all Judges should be displayed annually for public scrutiny. It would then facilitate to identify and cleanse the Temples of Justice from the rotten apples if any.
In continuation of my mail initiated on the subject , several concerned citizens have expressed their honest views which deserve to be noted by the judiciary and administration.It is extremely disturbing to read Mr. P. Sureshan's candid observations " This is our fate , adjust with it, but don't try to tell that we have a strong and impartial judiciary" .There is no doubt that the common man is losing faith that judiciary can be impartial all the time and there will be consistency in the observations of the judges and judgements delivered. Common man is also aware that the judges are appointed atleast at the level of lower courts not so much based on merits but on political considerations many times. There are already several allegations in this regard.Persons like Mr. K.G.Balakrishnan and Mr. Dinakaran and others like them who face severe charges have already contributed considerably to shake the faith of the common man that judiciary in India can be depended all the time to save India's interests.What is particularly painful is that politicians , bureaucrats (largely IAS & IPS officers ) and vested business interests. which include some section of media have now gained stranglehold over the course of events in the country and millions of common men remain helpless and as mere observers , though common men are the worst hit. We are not even able to believe anymore that all that appear in media ( print and TV media ) are factual and without prejudice.It appears , in today's conditions , the judiciary is certainly positioned to remain as conscience keeper of the country. But, several judges are failing to stand up to the expectations. Many judges may not deserve to be viewed as "holy cows" anymore.Pronouncements and judgements of courts need to be scrutinised much more closely and discussed in seminars, conferences and in public domain fearlessly.N.S.VenkataramanNandini Voice For The DeprivedEmail:- nsvenkatchennai@gmail.comtwitter : @nsvchennaiOn Sat, Nov 1, 2014 at 2:50 AM, SURESHAN P <sureshandelhi@gmail.com> wrote:please read two news reports, I can't find the reason for whole change of mood,,, except Supreme Court none can understand logic in various SC observations,, Yesterday one important matter was listed before A constitutional court, which will have direct bearing upon BJP's attempt to form government at Delhi, . During the hearing of argument Judge has received a message from his staff and gone back to his chamber without concluding arguments. We don't know what message he received and what will happen to that matter. This is our fate , adjust with it, but don't try to tell that "we have a strong and impartial judiciary"http://www.dailymail.co.uk/indiahome/indianews/article-2811731/Supreme-Court-fumes-L-G-Jung-Centre-failing-end-Delhi-deadlock.html"Perhaps Delhi's Lieutenant Governor Najeeb Jung expected the Supreme Court to accept the consent letter issued to him by the President, to invite the single largest party in Delhi - the BJP - to form a government. If so, he was wrong.A bench headed by Chief Justice H.L. Dattu shocked Jung and the BJP by keeping a hold on its decision on the Presidential assent till Thursday, and asking if "the new attempt to explore the possibility of forming a government was another bid to buy time from the Supreme Court".
"Every time, just before a hearing, the Centre will come out with some statement or letter, but nothing happens. We have given enough time but we are still nowhere. People kept waiting for an elected government. Eight-and-a-half months have gone by. We gave adjournments after adjournments not because the court did not have time to hear the case but to facilitate a solution to the deadlock," an angry Dattu told Additional Solicitor General P.S. Narasimha, who appeared for the Centre and Jung.
"You want to invite the single largest party. But are they in a position to form the government? We do not want to direct you to do things in a particular way. But in a democratic polity, people have the right to have a government and shall not be endlessly ruled by the President. You do nothing except throw a piece of paper before us just before each hearing," Dattu told Narasimha".
"The Supreme Court today expressed satisfaction over Lt Governor Najeeb Jung's recent moves to explore the possibility of government formation in Delhi and said that he should be given more time as "there could be a minority government with outside support".
Referring to recent media reports, a five-judge Constitution bench headed by Chief Justice H L Dattu said, "Whatever I have read in newspapers, it appears that the LG has made positive moves."
Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2811731/Supreme-Court-fumes-L-G-Jung-Centre-failing-end-Delhi-deadlock.html#ixzz3HnfxLzHF
Follow us: @MailOnline on Twitter | DailyMail on FacebookOn Fri, Oct 31, 2014 at 9:12 PM, Jagjit Ahuja <jagjit.ahuja@gmail.com> wrote:If Supreme Court has been honest in their doings , the entire judicial system would have been different . The way they they keep giving dates over dates shows how responsible they are in delivering their judgement. Most of the time they have been toeing the lines of bureaucrats.They need to be made transparent , accountable and responsible.On Fri, Oct 31, 2014 at 7:50 PM, Ranga Rao <dsrangarao@gmail.com> wrote:No question of doubting the integrity of Supreme Court. A pro-active judiciary at all levels is always welcome, particularly in a country like ours where the political establishment, at times, tends to be so irresponsible and unaccountable.The point under debate is why the Hon'ble Supreme Court has demanded again the list of black money hoarders from the government when the same was already stated to have been submitted to it in June last itself. In wondering so, what i and others of ilk felt was that such queries or arguments from the court side or the plaint side would only add to further delays which are endemic to our judicial system, but not to question the Apex Court at all. As the adage goes that "Eternal vigilance is the price of liberty", eternal vigilance not only by Supreme Court or by a particular organ of the government, but by every citizen, is paramount need of the times to check undue delays and corruption in any walk of life. Otherwise, what is the use of repeating ad infinitum and ad nauseam that justice delayed is justice denied?
On Thursday, October 30, 2014, Victor Cooper <indiaresists@lists.riseup.net> wrote:If the executive fails to do its job or fails to act when it should or acts illegally, the judiciary will step in .... and that is welcome.Victor
From: Salil RK <protekmumbai@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Wednesday, October 29, 2014 12:19 PM
Subject: Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?
The question is why the govt. resisted giving the list to the SC. The govt. was doing parallel investigation and giving amnesty to certain individuals. The SC has stopped that with insistence of giving the list and insisting that all investigation henceforth will be done by the SIT.On 29 October 2014 12:17, Salil RK <protekmumbai@gmail.com> wrote:The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:Post: "indiaresists@lists.riseup.net"ToIndia Against CorruptionDOES JUDICIARY HAVE UNLIMITED POWERS ?In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or using loud speakers beyond certain hours, which are purely matters in the domain of administration. At least some people including some legal professionals some times wonder whether judiciary is exceeding its limits on occasions.There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people as to what would be the limits of powers of judiciary and which are the matters which it should entertain.Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of politicians and bureaucrats and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats , which appear to have made judges think that they have unlimited powers and they are the ultimate authority.The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision and whether it really has the inherent powers to do so, as per the provisions of constitution.N.S.VenkataramanNandini Voice For The DeprivedEmail:- nsvenkatchennai@gmail.comTwitter : @nsvchennai
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P. Sureshan,
Advocate-on-record, Supreme Court Of India,
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Aires Rodrigues
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