Justice on Trial

In India, the judges of the Supreme Court and the 21 High Courts of India are highly respected.
The litigants, including the common man, have the utmost faith in the judiciary.
The judges are perceived to be honest, impartial and unapproachable.

But they are faced with acute shortage in numbers, truck loads of pending cases, ever increasing burden of more and more cases, archaic and time consuming law and procedures, etc.

To give an idea:·                    The Supreme Court has 31 judges with a pendency of 46,926 cases (January 2009). The number has since crossed 50,000.·                    The 21 High Courts, have 635 judges against the sanctioned strength of 886.
They have pendency of 38.7 lakh cases (January 1, 2009 – 37.4 lakh cases on January 1, 2008).

Our judges are working against such odds.

Once in a while, a charge is made, an allegation levelled against a judge.
A charge was made against Justice Soumitra Sen of the Kolkata High Court.
He was alleged to have appropriated Rs 32 lakh as a court-appointed receiver in 1993 in a lawsuit between SAIL and Shipping Corporation of India over supply of fire bricks by depositing the money in his personal account, in spite of knowing that the money had to be kept in a separate bank account.

Justice Sen retained the money even after being elevated to the High Court in 2003, and returned it only after the High Court ordered him to pay it back in April 2006.

The allegations were referred to a three judge inquiry committee. The committee found Justice Sen’s conduct a serious misconduct.
Justice K G Balakrishnan, the Chief Justice of India requested the Prime Minister to initiate impeachment proceedings.
In September 2008, the Govt. decided to initiate impeachment proceedings.

The impeachment proceedings have commenced and would be taken to their logical conclusion.
On his part, Justice Sen has chosen to defend himself.

This is in bad taste. Once a serious allegation has been levelled against a judge, and his peers found truth in the allegations, the least the judge should do is resign.

The entire judicial system is based on faith and respect. If that has gone, what is left?

Instead of sticking on to his post, it would have been a far more graceful gesture for Justice Sen to quit.
Judges have quit in the past. There is nothing wrong in quitting. That would have been the best action.

The first impeachment process in India was initiated against a Supreme Court Judge V Ramaswami in 1991 for misconduct in furniture purchases when he was the Chief Justice of Haryana HC.
But he was not formally impeached.

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3 replies on “Justice on Trial”

  1. This website was recommended to me by a friend some time ago and I find it very useful and informative. Impressed by its contents, I would like to take the liberty, on behalf of a young girl student caught in a very serious problem. A complaint was made on her behalf, and then by her, against eve teasing somewhere in central India. The police insisted on recording her contact numbers as well, while forcing her to make the complaint in the presence of the eve-teasers. Police apathy apart, the accused, who were apprehended, have started calling the girl and threatening her and telling her to withdraw the FIR. She has been warned of grave consequences against making yet another fresh complaint against these repeated threats.
    What will this hapless girl do? Is it going to be a repeat show of Rathore episode, which happen everyday all over the country–even with the connivance of the all women police stations in various states?
    Will you or some of your readers advise the girl through this site/blog? Or, bring it to the notice of the women leaders of all the political parties of this great democracy/women’s activist leaders? And, immediately?

  2. It is strange and shocking that the comments of Tarit are yet to draw the attention of the CBI/IB/NPA/PMO/AICC Womens Cell/CPM’s Womens Cell/CPI-DMK-ADMK-BJP’s respective womens cells and, above all. the numerous womens organisations and the National WomensCouncil/Union Minister for Womens Welfare!

    All this explains the age-old RELIGION, or call it the well-established-and-oiled system of MISCARRIAGE OF JUSTICE at all levels of the justice dispensation machinery in this great democracy ruled and to be permanently ruled for ever by one FAMILY, called THE FAMILY !! This is why Ruchikas happen and keep happening and no body in power is bothered-s they have Z-Y-X Category security covers plus private (though illegal) armies of bodyguards to protect them! Even Under Secretaries of Union and State Governments in Home Ministry/Department enjoy bullet-proof vehicles, official police/black cat security and, like the big time and small time professional criminals, are totally free to commit any crime from corruption to looting, raping, killing, smuggling, blackmailing, evading/avoiding arrest warrants/court summons with absolute impunity. Children of the corrupt and known criminals are indiscriminately selected/nominated by governments of all colours, what to talk of their getting elected in elections and becoming CMs/Ministers, Governors etc. A wellknown criminal IAS with underground links was made a principal advisor on sensitive matters by a non-congress central government and a so-called anti-corruption international organisation’s Indian unit has a permanent management committee for ages only to enjoy power, limelight, close contacts with the government bodies of anti-corruption, and the like.
    What a diverse country, indeed.
    Can somebody write on all this ?

  3. Such kinds of incidents are most unfortunate.
    The police actually side up with the accused.
    Pl. advise her to go to a good Newspaper or TV reporter, if possible.
    If they take up her case, then the police will act fast.
    In the alternative, she can meet some senior
    female police officer – at least a Superintendent of Police.
    I am sure she will take approptiate action.
    If she can do none of the above, ask her to write to Kiran Bedi. She has a blog.
    I hopw she will do some thing.

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