CORRUPTION IN TOP JUDICIARY

"Half Of The Last 16 Chief Justices Were Corrupt"

The decision to declare assets is a big victory. Supreme Court lawyer Prashant Bhushan tells SHOMA CHAUDHURY what else is rotting in our judiciary .In public interest Prashant Bhushan has championed the fight for judicial accountability .

It’s great judges have agreed to declare assets. But will it really help? Politicians do it too.
This decision is very welcome, even if it’s only happened under public pressure. It is proof of the power of public opinion. And even though declaring assets is a relatively minor aspect of judicial accountability, it will help. If a judge misdeclares his assets, there’s a chance someone might know he has particular properties he hasn’t declared, and may point it out. One could then examine if these can be explained within their legal income.The debate around judicial accountability has got really hot.

Are there watershed events that triggered this?
Not in my own perception, but I think for the public there were two watershed events – the Chief Justice Sabharwal case (where there was an allegation that Chief Justice YS Sabharwal’s orders to demolish commercial outlets in Delhi directly benefited his sons, who were partners with some mall developers) and the Ghaziabad Provident Fund scam. Both these cases got wide media attention. A 2006 Transparency International report said the judiciary in India is the second most corrupt institution after the police.You’ve been at the forefront of the judicial accountability campaign.

Why?
I have been witness to judicial corruption in the courts for a very long time. I know decisions are passed for extraneous considerations, but it’s difficult to get hard evidence of this. There have been highprofile impeachment attempts, for instance, on Justice Ramaswamy, Justice Punchi and Justice Anand. Yet, they all went on to become chief justices. In my view, out of the last 16 to 17 chief justices, half have been corrupt. I can’t prove this, though we had evidence against Punchi, Anand and Sabharwal on the basis of which we sought their impeachment.

What is the root cause of judicial corruption then, and what are your key demands?
Our key demand is an institutional mechanism for entertaining complaints and taking action against the judiciary. Nothing exists today. Everyone realises impeachment is impractical. To move an impeachment motion you need the signatures of 100 MPS, but you can’t get them because many MPs have pending individual or party cases in these judges’ courts. In the impeachment proceeding against Justice Bhalla, the BJP declined to sign because LK Advani had been acquitted by him in the Babri Masjid demolition case. Such political considerations prevail all the time. An in-house procedure was set up in 1999, post a chief justices’ conference in 1997, but that too is activated only selectively. For example, the complaint against Justice Bhalla was that he had purchased land worth Rs 4 crore at Rs 4 lakh — approximately — from land mafia in Noida. This was based on a report from the DM and SSP of Noida. This land mafia had several cases pending in courts subordinate to Justice Bhalla. Another complaint was that in the Reliance Power matter, though his son was the lawyer for Reliance Power, Justice Bhalla constituted a special bench while he was the presiding judge in Lucknow. He sat in the house of one the judges at 11pm at night to hear their case and pass an injunction in their favour. We asked Chief Justice Sabharwal to initiate proceedings against Bhalla, but he refused.Similarly, Justice Vijender Jain decided the case of a person whose granddaughter had been married out of his own house. He was a close friend but he still heard and decided the case in this person’s favour. The point is, in these cases though very specific complaints were made to the then Chief Justice of India (CJI), he didn’t do anything to activate the in-house procedure. All these judges have gone on to become chief justices. Bhalla is still chief justice of Rajasthan; Virendra Jain became chief justice of Punjab and Haryana.

What’s the answer?
The first problem is that there is no independent institution for entertaining complaints and taking action against judges. There has to be a National Judicial Complaints Commission — independent of the government and judiciary. It should have five members and an investigating machinery under them. The second problem lies in the Veeraswamy judgment, which ordered no criminal investigation can be done against a judge without prior written permission of the CJI. That’s what happened in Karnataka. There was a complaint against several judges visiting a motel and misbehaving with women. When the police officer came, the judges threatened him and said no FIR could be filed against them because they were judges. This happened in the Ghaziabad Provident Fund case as well. The investigation is stumped because the CJI hasn’t given permission. We have to get rid of this injunction.The third problem is the Contempt of Court Act. Today, even if you expose a judge with evidence, you run the risk of contempt. Judges are even seeking to insulate themselves from the RTI. We have to get rid of the Contempt of Court Act – not the whole Act. Disobeying the orders of the court is civil contempt – that should remain. Interfering with the administration of justice is criminal contempt – that too should remain. What needs to be deleted is the clause about scandalising or lowering the dignity of the court, for which Arundhati Roy was sent to jail. Finally, there is the problem of appointments. Earlier, judicial appointments were made by the government, which was bad enough. Now, by a sleight of hand, the Supreme Court has taken the power of appointments to itself. Earlier there were political considerations; now there are nepotistic ones.

Again, what’s the answer to that?
We need an independent Judicial Appointments Commission, which is independent and works full time, and follows some systems and procedures. Eligibility lists should be prepared and comparative merits debated and evaluated. You can’t just pick judges arbitrarily, and let people know about it only after the deed is done.There is still no independent body to process complaints and action against judges

What are the best practices and conventions elsewhere?
We should at least have Public Confirmation hearings like in the US. In the Senate Judicial Committee, you have hearings where any public citizen can give evidence about the background of a judge that has bearing on their appointment. This is being fiercely resisted here.Do any counter arguments hold?None that I can see. The judges say all this will compromise their independence. Unfortunately, they are equating the independence of the judiciary with independence from accountability. Independence of the judiciary was meant to be independence from the political establishment, not from all accountability.Are there other ways in which judicial corruption manifests itself? There are so many. There is Justice Kapadia who decided on the Niyamgiri mining lease case in Orissa. He said Vedanta can’t be given the lease because it’s been blacklisted by the Norwegian government; but its subsidiary company Sterlite can get the lease because it is a publicly listed company. Justice Kapadia said it’s publicly listed because he had shares in it and yet he passed an order in favour of Sterlite! There is a law against judges hearing cases where there is a conflict of interest, but they just bypass it and you can’t complain because that would be contempt.

MAN TO SELL KIDNEY TO PAY MAINTENANCE TO WIFE

THE BELOW NEWS PUBLISHED IN TIMES OF INDIA ON 27 AUGUST 2009 IS MORE THAN SUFFICIENT TO SHOW THE PATHETIC CONDITION OF INDIAN HUSBANDS UNDER THE EXISTING DRACONIAN DOWRY LAWS. A SHEER VIOLATION OF HUMAN RIGHTS , WHERE A MAN IS ADJUDICATED GUILTY MUCH BEFORE HIS TRIAL EVEN BEGINS AND EVEN AFTER THE "BIASED TRIALS" ARE OVER THE MISERY NEVER ENDS...........

Chandigarh: Unable to pay maintenance to his wife, a man has approached a court in Ropar, Punjab to allow him to sell his one of his two kidneys so that he could pay up. The Ropar resident, who found the sum stipulated by the court way beyond his means, filed an application under section 125 of CrPC (order for maintenance of wives, children) in the court of the judicial magistrate on August 22, seeking permission to sell his kidney to pay Rs 8,000 as interim maintenance to his wife. Narrating his ordeal in the application, he said the court had ordered him to pay his wife a monthly interim allowance of Rs 3,500 under CrPC and another interim maintenance of Rs 4,500 per month under the Domestic Violence Act. Denying any permanent means of livelihood, he said he found it difficult to sustain himself as his small monthly earnings made up for only Rs 3,600 per month. Despite his meagre income, the man tried to pay maintenance to his wife regularly. But, under the circumstances, he is left with no option but to sell his body organs. TNN

WOMEN EMPOWERMENT

MESSAGE TO THE NCW & FEMINISTS

What NCW is following now a days , is something which has RULED inIndia from last 100s of years.We may brief it as "CCP" expanded toCheap & Cunning Politics.The easiest way earn Name, Fame & Money.

They keep shouting Women, women, women....But what the hell are theydoing for the Women actually?Are they actually solving the women's problems & if so what problem?
They just have one stupid answer......."Equality for Women".

Just after listening to this phrase "Equality to Women" ...a very strange question hits my mind. If Women were to be Equal to Men...then "WHY DID GOD CREATE 2 DIFFERENT SEXES WITH DIFFERENT ANATOMICAL & EMOTIONAL FEATURES?"
Should we take the reply that God was stupid enough to make such a mistake . or should we believe that these modern day Politicians & Feminists are much more wiser than GOD ALMIGHTY himself? God himself has given a distinction to both the sexes .
A Man can neverbe a Mother (the most respected relation to any human & even amimals).
A Man can never be a Sister( the most loved relation).

In our country we follow all religions & all religions have given Women a higher authority than a Man. Mother Mary & Maa Durga are worshipped thruout the world.

Now Comes the Feminists Propaganda......Women, Women, women....???

Just a few questions to these Vote seeking & publicity seeking females:

1.First & foremost, Who in your own family suffered, & whose revenge are you taking from the entire nation & society? Please be honest to yourself at least.

2. What have you done for the women who are starving across the roads ,in cities & villages in our country? Do you even have a count of this?

3. Who is following up for Female Foeticides laws in India? take itfrom me....The 498a active females are foeticide active females.Reason:Both of them have a common characteristic of GREED.

4. Did you ever study the stats of aftermaths of 498A & so? No younever bothered.because if you really do, your heart will revert against your mind & if u get enlightened u have to part with this cheap political dramas & cheap publicity.Let me help you here, only 2% are convicted.

5. How many girls are raped? What is the social security of those who dont even have shelters? Who did what for them? Now please dont show any stats on a piece of Paper, please study the ground reality.

6.Where are millions of Dollars received from UN & World bank being spent? I need to laugh here....Ha Ha ..TO MAKE WOMEN CELLS.
Respected Madams, please try to provide homes/shelter to Indian Women rather thanproviding Cells (Jails) to Indian Men.

7.Nearly 20% women in India strive hard to get the basic necessities of Food , Clothing & Shelter & you are spending Millions of Dollars to upgrade(so called) the standard of those women who are already amongst the top 20% of the hierarchy chart.

I request you all with Folded Hands to stop this cheap & ugly practice of SELFISHNESS & GREED.

Let the Indian families & Indian Culture prosper.

Dont pressurise our country with the laws which could not even copy properly from the West.

Above all, please do not punish the whole country, society & culture in the fire of your PERSONAL FAMILY REVENGE.

3 CHEERS TO SIF.
"SHORT" LIVE THE MOVEMENT.


CATCH THE HEAT ON


http://www.saveindianfamily.org
http://www.raamraaj.com
http://www.498a.org/
http://www.mynation.net
http://www.asha-kiran.org/

Write to me at call2umesh@yahoo.co.in or call2umesh@gmail.com

How Do they React?

Ever noticed how does the country react to the Female cases?
Here was an example of How the judgements come out of the AUthorised who have their seats fixed to the Authorotative places in the country.A case came in Light on 4th December , when a girl named Shalu sat in front of her Husband's house.In fraction of a second the media was there to support her.Selfish neighbours came out of their couches Like greedy ants seeking an opportunity of cheap propaganda, & some of them just to enjoy their picture on the TV channel.
Nobody bothered to even listen to the Husband's family & the final decision was made that "HUSBAND'S FAMILY ARE VILLAINS". They were disgraced in the whole country before they could even say a single word. People following the "BHED CHAAL"(herd of sheep) blindly followed the media channel & came up with their comments ..so severe & harsh like..."Such people must be hanged publicly". The ladies organisations came out preaching the girl of her rights.


How immature approach of the people.!!!

Next day the Guys family is in open & said that they were forced to run off their house because of Girl favouring Laws.Another example of the Draconian Law & its fear in the mind of innocent people.
Did anybody think why the guy had to leave his home with his old parents?
ASk yourself.My reply is

1.They, like many other innocents, are scared of BIASED LAW.
2.They are not good enough to make ugly & cheap drama on the roads, unlike their in-laws.
3. Its better to avoid a wild animal, than to go fighting head-on.The guy's family did exactly the same.

Its high time already & still the revolution is slow on its pace.
But trust me guys the day is not far when the serpant named DV will poison thousands of Indian Families. Crush it before it shows its fangs.
Join the movement.

http://www.saveindianfamily.org
www.raamraaj.com
http://www.498a.org/
http://www.mynation.net/
http://www.asha-kiran.org/

BIASED INDIAN LAWS

Ignorance to Law is no excuse to any punishment to you, so it is very important for all of us to be aware of the Law of the Land.

For all who are studying in schools & Colleges, into professional studies, New in profession or experienced, Married or yet to be married, Brothers, Sisters, Mothers, fathers, here is a BIASED INDIAN LAW which effects all categories of the society.Rarely can anybody escape from the clutches of this cruel Law , well known as IPC 498A in the corridors of the Indian courts.

The irony of the Law is , that it is so biased that even a lay man or an illitrate Rickshaw puller can judge it unfair.But our DIRTY vote seeking Politicians , Government & even the Judiciary are blindly following it, without even giving a second thought to where it is leading the nation & the society to.The country of RAAMRAAJ is converted to the country of Gundaaraaj.

Now, if we take a survey How many of us are aware of section 498A of IPC, the result would be just 1% of us, as 498A is a very technical term of Lawyers. I simplified it to around 100 neighbourers & colleagues of mine as "A law in favour of wives, where they can sue their husbands & in-laws for dowry & physical harrasments". The stats changed immediately, Now 90% say that they have heard of it.But how many were completely aware of it.The results were drastic---NONE OF THEM & when I explained them what exactly it is..nearly everbody of them had a sleepless night, as they couldnever imagine that even they could be a victim to this Draconian Law any moment.

So what the Law exactly is, let me explain in simple words.Its a law which is Non-bailable & non-cognigable, where if a wife complains that she is being tortured for Dowry or Physically/Mentally/financially harassed all the family members are immediately put behind the bars including Husband, his Father, his mother,his brothers, sisters, Jijas, nephews, nieces, relatives or even servants.

This Law was created long back for the welfare of women to protect them from the harassment caused by dowry greedy people, but the results are again ironical, the Law was formed, the Law was implemented & who were punished- 1000s of innocent husbands & their families at the hands of their greedy wives & in-laws.The stats show that the conviction rate is only 2% in such cases & 98% victims are innocent people.

But after nearly 20 years of this exercise what does our Govt & judiciary has to say....nothing.No body is bothered for the suffering of the innocent people.The Law is implemented in the name of women rights...but if we look at it ..it is a law to satisfy 1 woman(wife) in the family & un-necessarily punish 10 others in the family(mother, sisters, daughters, nieces,sister in laws). How would a mother feel, when she is falsly sent to jail, by just a single verbal complaint of the wife of her son, for whom she had burnt her sweat & blood? What would happen to a sister who is about to get married, but the matrimony breaks as she is put behind bars at the false complaint of her bhabhi? How would an old Father feel, who after his retirement wants to spend his remaining life in peace? How would the kids of such a mother grow up who falsly pulls her own husband in jail? what would a sister-in-law think who has not ever lived with this female for even a single day?

The ugly face of the Judiciary & our Politicians is now clear.Even after the stats of 98% false cases, they never dare to propose a change in this Law. Recently, there were changes in the Hardcore Terrorist laws like TADA & POTA, as the govt thinks that SOME people are false implicted under such Law.But they are blindly ignoring the fact of "misuse of 498A" as they are selfishly & greedily protecting their vote banks.

Its high time for Awareness.Lets wake up before we become a scapegoat to this doctrine law.Its very important for the professional youth to understand this because the most effected professional categories are Doctors, Engineers, Software professionals, Managers, Advisers, CAs & other corporate professionals.

Spread the Awareness.Visit at the below links for more information & details.

http://www.saveindianfamily.org
http://www.raamraaj.com
http://www.498a.org/
http://www.mynation.net
http://www.asha-kiran.org/

Also join our local groups:
http://groups.yahoo.com/group/sif-delhi/join
http://groups.yahoo.com/group/sif-mumbai/join
http://groups.yahoo.com/group/sif-karnataka/join
http://groups.yahoo.com/group/sif-andhrapradesh/join


Best Regards,
Gaurav Saini/Umesh Kumar