Corruption in Judiciary

Corruption in Judiciary

justiceI fully endorse the painful statement made by the Chief Justice Of India R.M.Lodha today while disposing of a PIL that if Society is not perfect,we are also not perfect.We are also part of the society and society is reflected in us also.He further said that there is a smear campaign to malign the Collegium which have final say in the appointment and transfer of the Judges.

Ever since the Executives have mooted the idea of National Judicial Commission, the Supreme Court have resisted the formulation.As Katju J again blurred out about Corruption in Judiciary and blamed the CJI’s of having done nothing to root out corruption except transferring the erring Judges from one High to another but never made reference for their impeachment, raises certainly an alarm.Corruption in Government is not a new phenomenon, it is there since its inception but Corruption in Judiciary is alarming.We hear whenever a Judge is transfered that there were allegation of corruption against him but it rest at that.There had never been in house inquiry against the erring Judge, the after transfer remains under cloud for ever, He also never demands that if he is transferred, simultaneously there should be a probe too.The vicious circle keeps rotating without any result.

In the past also CJI’s have made disclosures about corruption in Judiciary.Late Venkataramaiah after he retired as CJI made a startling statement that 90% of the Judges wine and dine.Chief Justice Bharucha made the statement that 20% Judges are corrupt.Recently Katju J disclosed about the charges of corruption against a Madras Judge Ashok Kumar.These statements shake the confidence of public in Judiciary.To that extent CJI Lodha is not right that there is a smear campaign against the Judiciary.No serious effort has been made by Judiciary also in addressing this Cancer of Judiciary.One corrupt Judge is enough to shake the very foundation of the Judiciary,Katju J named five corrupt Judges from Allahabad High Court.Judiciary is like a white sheet where a small blot is visible.Where a sitting CJI said that 20% Judges are corrupt,what serious effort was made to arrest the corruption. Katju J is right in saying brushing under carpet constantly make it more visible.

Other day I was talking to a retired Judge of the Supreme Court who said that wrong judgments are not obtained by corruption rather for doing right thing Judges in Lower Judiciary demand money.This is more condemnable.

Any way,now there should be any relaxation on the part of Executive,Legislatures and Judiciary curb this mailese for all time to come.The Modi Government must go out whole hog to address this problem of the Society.

Editor’s note: Today, on August 13, 2014, The Lok Sabha passed the the Constitutional amendment bill and the National Judicial Appointments Commission Bill, 2014 to scrap the collegium system of appointing Supreme Court and high court judges.

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AK Srivastava

The author Sh. A.K. Srivastava (@aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93).
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One comment

  • Thanks for publishing it.It appears the format of yugvani has again changed.Earlier, there used to be some ad also adding to some revenue gain.I am worried.