‘Half of last 16 chief justices have been corrupt’

Judicial corruption is a bull few in India are willing to attach their names to. There are whispers of this or that sitting judge making piles or cash; of sons, daughters and other near and dear ones acting as “brokers” for cases, deals, etc, but none of those allegations see the light of day.

Not because the media is a willing accomplice but because of the sword of “contempt of court” hanging over us.

For long, truth was not, repeat not, a defence in the case of contempt.  Although that is now no longer the case, judicial corruption still isn’t headline news like corruption in other spheres of Indian life. The case of Justice P.D. Dinakaran is one of the rare exceptions and that too only in sections of the media.

In September 2009, the Supreme Court lawyer Prashant Bhushan, in an interview to Shoma Chaudhury of Tehelka magazine, said “half of the last 16 chief justices were corrupt”. The comment invited the apex court’s contempt. Now, Bhushan’s father, the noted jurist Shanti Bhushan has joined issue.

In his application before the Supreme Court praying for his impleadment as respondent No.3 in the case of the Amicus Curiae vs Prashant Bhushan, Bhushan senior repeats his son’s charge that eight out of the last 16 CJs were corrupt, even going so far as to deliver the names of the corrupt in a sealed cover.

In the applicant’s opinion, eight [of the last 16 chief justices] were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt.”

Below is the full text of Shanti Bhushan’s application, published in the public interest.

***

To

The Hon’ble Chief Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.

Most respectfully showeth:

  1. That the applicant is filing the present application for his impleadment as Respondent No. 3 in the aforementioned contempt petition as the applicant is making a categorical statement in the present application that eight of the last sixteen Chief Justices of India were definitely corrupt and also providing the names of those eight definitely corrupt Chief Justices in a sealed cover as an annexure along with the present application.
  2. The applicant is a practicing advocate who was enrolled on 8 July 1948. He has appeared in each and every High Court in the country. He is well acquainted with the manner in which the Indian judiciary has been functioning and how its character has been changing over the years.
  3. That the applicant has been a part of the campaign for judicial accountability since its inception in the year 1990.
  4. That there was a time when it was almost impossible even to think that a judge of a High court or the Supreme Court could be corrupt. Things have changed drastically during the last 2 or 3 decades during which corruption has been growing in the Indian judiciary. So much so that even a sitting Chief Justice of India had to openly admit that 20% of the judges could be corrupt. Very recently in March 2010 a sitting Chief Justice of a high court openly made a statement. The statement of the sitting chief justice was published by the Times of India in its issue of 6th march 2010 with the headlines, “In our judiciary, anybody can be bought, says Gujarat chief justice”. A copy of the news paper report is being annexed hereto as Annexure A.
  5. That the applicant believes that the reported statement may not be correctly reflecting the perception of the Gujarat Chief Justice, since he should be knowing as the applicant does that there are and have always been plenty of totally honest judges, but they are also becoming the victim of this public perception since no institution of governance in the country is taking any effective steps about dealing with corruption in the judiciary.
  6. That India became a republic in 1950, when the people became sovereign. They got the right to constitute their institutions, the executive, the legislature and the judiciary, to serve them, who would be accountable to them.
  7. That before 1950, corruption was almost non existent in the High Courts. The federal court had in 1949 got Justice Shiv Prasad Sinha removed from the Allahabad High Court, merely on the finding that he had passed 2 judicial orders on extra judicial considerations.
  8. That it however appears that thereafter the judiciary has adopted the policy of sweeping all allegations of judicial corruption under the carpet in the belief that such allegations might tarnish the image of the judiciary. It does not realize that this policy has played a big role in increasing judicial corruption.
  9. That the Constitution prescribed removal by impeachment as the only way of removing judges who commit misconduct since it was believed at the time of the framing of the Constitution that misconduct by judges of the higher judiciary would be very rare. However those expectations have been belied as is apparent from the surfacing of a series of judicial scandals in the recent past. The case of Justice V. Ramaswami and subsequent attempts to impeach other judges have shown that this is an impractical and difficult process to deal with corrupt judges. The practical effect of this has been to instill a feeling of impunity among judges who feel that they cannot be touched even if they misconduct.
  10. That corruption by judges is a cognizable offence. The Code of Criminal Procedure requires that whenever an FIR is filed with respect to a cognizable offence, it is the statutory duty of the police to investigate the offence. The police has to collect evidence against the accused and charge-sheet him in a competent court. He would then be tried and punished by being sent to jail. The Supreme Court has however by violating this statutory provision in the CrPC given a direction in its Constitution bench judgement in the Veeraswamy case of 1991 that no FIR would be registered against any judge without the permission of the Chief Justice of India. In not a single case has any such permission ever been granted for the registration of an FIR against any judge after that judgement.
  11. That the result of this direction has been that a total immunity has been given to corrupt judges against their prosecution. No wonder that judicial corruption has increased by leaps and bounds.
  12. That an honest judiciary enjoying public confidence is an imperative for the functioning of a democracy, and it is the duty of every right thinking person to strive to achieve this end.
  13. That unless the level of corruption in the judiciary is exposed and brought in the public domain, the institutions of governance cannot be activated to take effective measures to eliminate this evil.
  14. That it is the common perception that whenever such efforts are made by anyone, the judiciary tries to target him by the use of the power of contempt. It is the reputation of the judge which is his shield against any malicious and false allegations against him. He doesn’t need the power of contempt to protect his reputation and credibility.
  15. That the applicant strongly believes that a responsible citizen should be prepared to undergo any amount of suffering in the pursuit of the noble cause of fighting for a clean judiciary.
  16. That there are two statements of Respondent no. 1 (Prashant Bhushan) published in Tehelka by Respondent no. 2 which are alleged to constitute contempt of court. In the 1st statement, Respondent no. 1 has expressed that in his view, out of the last 16 or 17 chief justices of India, half have been corrupt.
  17. The applicant states that in his view too this statement is absolutely correct. At the time of the publication of this report in Tehelka, the last 16 Chief Justices of India were the following:                  1. Justice  Ranganath Mishra,
    2. Justice K.N. Singh,
    3. Justice M.H. Kania,
    4. Justice L.M. Sharma,
    5. Justice M.N. Venkatchalliah,
    6. Justice A.M. Ahmadi,
    7. Justice J.S. Verma,
    8. Justice M.M. Punchhi,
    9. Justice A.S. Anand,
    10. Justice S.P. Bharucha,
    11. Justice B.N. Kripal,
    12. Justice G.B. Patnaik,
    13. Justice Rajendra Babu,
    14. Justice R. C. Lahoti,
    15. Justice V.N. Khare,
    16. Justice Y.K SabharwalOut of these, in the applicant’s opinion, eight were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt. The signed lists identifying these eight, six and two Chief Justices of India are being enclosed in a sealed cover which is being annexed here to as Annexure B.
  18. That in fact two former chief justices of India had personally told the applicant while they were in office that their immediate predecessor and immediate successor were corrupt judges. The names of these four Chief Justices of India are included in the list of the 8 corrupt Chief Justices of India.
  19. That since the applicant is publicly stating that out of the last sixteen Chief Justices of India, eight of them were definitely corrupt, the applicant also needs to be added as a respondent to this contempt petition so that he is also suitably punished for this contempt. The applicant would consider it a great honour to spend time in jail for making an effort to get for the people of India an honest and clean judiciary.
  20. That the applicant also submits that since the questions arising in this case affects the judiciary as a whole, the petition needs to be decided by the entire court and not merely by three judges handpicked by a Chief Justice.

PRAYERS

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

  1. allow the present application and implead the Applicant as a contemnor in the aforementioned contempt petition as Respondent no. 3; and
  2. pass any other or further order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(Shanti Bhushan)
applicant-in-person
New Delhi

***

Photograph: courtesy Shailendra Pandey/ Tehelka

***

Full coverage: The strange case of Justice P.D. Dinakaran

CHURUMURI POLL: Is Dalit Dinakaran above the law?

If he is unfit for Supreme Court, how is he fit for Karnataka HC?

If he is unfit for Supreme Court, how is he fit for Karnataka HC—II?

‘Integrity + competence + judicial temperament’

Yella not OK, but Supreme Court silent yaake?

The brazen conduct of Justice Dinakaran

The strange case of Justice Dinakaran (continued)

Audi alteram partem? Hear the other side out?

CHURUMURI POLL: Will Justice Dinakaran be impeached?

Is CJI K.G. Balakrishnan right about P.D. Dinakaran?

CHURUMURI POLL: Is Dinakaran fit for Sikkim HC?

CHURUMURI POLL: P.D. Dinakaran vs D.V. Shylendra Kumar

Is Sikkim HC’s dignity less than that of Karnataka’s?

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37 Responses to “‘Half of last 16 chief justices have been corrupt’”

  1. Anonymous Guy Says:

    “…sons, daughters and other near and dear ones acting as “brokers” for cases, deals, etc,”

    “…Now, Bhushan’s father, the noted jurist Shanti Bhushan has joined issue.”

    There is some irony here.

  2. Saharanpuri Says:

    Shanti Bhushan deserves a Bharat ratna.\
    \
    he has revealed the bitter truth. Hats off to this great soul

  3. div Says:

    Corruption is the way of Indian life. We have built a society in such a way that if you are rational and intelligent you are corrupt because it pays to be corrupt in India. It sucks to be honest in India.

    Today I just saw that Mexico celebrated its 200th year of Independence from the Spanish….perhaps enough proof that a country can be mediocre even with independence if the right systems are not set in order.

    Consider supporting Loksatta party (or at least some of their principles) to come out of this vicious corruption cycle that we are in.

  4. prasad Says:

    It is a very sorry story. It seems to be real. Some have been exposed beyond doubt. No action is being taken on them, as the others are afraid that the accused will expose them. The Union Cabinet which has to recommend for their prosecution is corrupt. Law ministry is Corrupt. The Judiciary protects the ruling party and visa-versa. A private agency should be entrusted with the responsibility to investigate the whole past life of the candidate to be selected as a Judge and a review every 5 years. If the agency is found to be partial, it should be penalized to the tune of few Million Rs. The life history of the newly appointed judges should be published for public scrutiny, and any Tainted person should be thrown out. What is the future for our land, when the fence is eating away the crop.

  5. Narayana Says:

    In the list above Justice Ahmadi definitely is in the sealed envelope. I had listed various questions in the aftermath of Bhopal at http://nadunudi.wordpress.com/2010/06/18/questions-to-justice-ahmadi/

    I have not yet, thankfully, been charged with contempt of court.

    Indian Judiciary is single most powerful institution I have seen anywhere in the world. Not just most powerful but brazenly non accountable. I have been repeating this often.. It is not executive or legislative that is at root of our evils. It is failure of judiciary both in qualitative terms and in quantitative terms (cases pending for hundreds of years!!!)

    I fail to understand how judges think they are superior to general public who ratified the constitution!!!!

    Also I fail to understand the rationale of contempt of court!!!! I asked a well known US attorney what constitutes as contempt of court aftermath of Arundhati Roy episode. He said contempt of court is invoked if the court in session is disrupted i.e. if you get a summons to appear and fail to appear without giving a valid reason or prior notice to court. — in this case court may pass a judgment in your absentia or may hold you in contempt of court .. though this is less common. More definite case as per him was running away with court register when the court is in session and thus making functioning of court impossible.. this will be a definite contempt of court. These were the two extreme situations and if your situation is in between these two you can get charged for contempt of court he said. He was surprised when I described what happened to NBA and AR in Supreme court of India. His response “well that is a third world country”.. I add “with no rational people”.
    It is good to see that rationalism is flourishing now. Let more people open their mouths and let courts know that they are naked emperors. Obviously they can not put all of us in jail. That is why I started openly blogging about shortfalls in Indian Judiciary.. If they put us in jail we will have honest company of earlier chief justice of high court and justice of Karnataka High Court and now Bhushan family. Let us stop genuflecting the elders and ask them serious questions on why a particular judgment does not make any judicial sense. Let us not be afraid anymore.

    ***

    Heard on the grape vine: Ahmadi’s name is in the sealed envelope!!!

    Also read an article on contempt of court here
    http://www.narmada.org/sc.contempt/pbhushan.html

    Wake up India. You have nothing to lose except shackles of servitude!!!

  6. Narayana Says:

    If Bhushan family is reading this.. please let us know how others too can join as contemnors along with you…Let us make this case into a class action law suit against the courts!!!

  7. Shrinidhi Hande Says:

    what about the other half?

  8. courting contempt Says:

    Of the list, the definitely corrupt, without doubt

    1. Ranganath Misra
    2. KN Singh
    3. AM Ahmadi
    4. AS Anand
    5. RC Lahoti
    6. YK Sabharwal
    7. VN Khare

    To this list we may also add the most recent ex-CJI, KG Balakrishnan, but Prashant Bhushan and Shanti Bhushan are too PC to include KGB’s name.

    The Definitely Non-corrupt

    1. MH Kania
    2. MN Venkatachaliah
    3. SP Bharucha
    4. BN Kirpal
    5. JS Verma

    The Present CJI, SH Kapadia definitely belongs to the non-corrupt list, and Prashant Bhushan’s contempt was initiated because he seemed to suggest in that Tehelka article that Kapadia was also corrupt when almost everyone in the Supreme Court would vouch for his honesty.

    LM Sharma, MM Punchhi, Rajendra Babu and GB Pattanaik I don’t know much about.

  9. nilesh Says:

    Call all the sixteen if they are alive and do narco analysis.

    Sach ka samna

  10. babuds Says:

    This is no big deal. All Government functionaries are corrupt unless and until proved otherwise. During the next Republic day, we all should ask for renaming our country as CRI, the Corrupt Republic of India.

  11. Madhusudan Thakkar Says:

    Shanti Bhushan deserves all support from indian people especially middle class for this crusade.Indian Judges always feel that they are GOD, and in the name of contempt of court they have built a iron wall.This is the only organ of Govt. which has larger than life image and is not accountable to anybody.” LAGE RAHO BHUSHANS” WE ARE WITH YOU

  12. Complex Says:

    Mr. Janardhana *Aparanji* Reddy misses court hearings so many times. He goes scot free. The Government of India doesn’t implement what the Supreme Court says, they go scot-free. Contempt of court should be when you don’t follow the court’s order, not when you criticize it.

  13. Mysore Peshva Says:

    Well said, Complex. That’s the way it is in all developed democracies (including the United States).

  14. Saharanpuri Says:

    Long live Shanti Bhushan .

    You are really Bharat Bhushan i.e A jewel of India a Bharat Ratna in true sense.

    Its because of individuals like him & his worthy son Prashant Bhushan India still has some hope.

    A man at the age of 85 years having such guts to expose naked the Indian supreme court.

    Wow What a man!

  15. Ram Kishan Says:

    Mr Shanti Bhusan, his son and few others may undergo some jail terms but will the corruption come down? The rot is due to continuance of British Model which itself has undergone sea change in England itself. We have to evolve our own model suiting to our Indian conditions. A good beginning has been made by Swami Ramdev by launching a special program called ‘Bharat Swabhiman’ We request all citizens who feel for the nation to examine the said program and if they are convinced, they should openly come forward to support it. At the moment there is no other workable solution and Swami Ramdev is all out to implement it from the next election when his condidates will all the seats. Such parliament will then radically change all the old British laws. Then only the corruption not only in judiciary but in other wings like executive and legislative will come to an end. Till such time we have to carry on.

  16. Anonymous Guy Says:

    Narayana,

    Would like to hear your thoughts on divs comment before – that corruption is the way of Indian life.

    I had asked something similar to an earlier comment of yours and was hoping to hear what you had to say. Maybe you didnt read that or didnt care :) – in an case, would like to see what you think:

    https://churumuri.wordpress.com/2010/09/08/churumuri-poll-how-corrupt-are-you/#comment-127589

  17. Madhava Says:

    My relative was cheated by the builders of carlton towers back in 1990’s. SI properties. He paid in full. They delayed in allotting the flat. The case got unduly postponed in Delhi. Who was the lawyer for SI??

    Mr. Ahmadi’s daughter!

  18. Abhi Says:

    “Wake up India. You have nothing to lose except shackles of servitude!!!”

    You said it mate. AG – corruption is the symptom. Servitude is the disease.

  19. Anjali Says:

    Support Shanti bhushan and Prashant Bhushan in their quest for an HONEST Judiciary!!!!

  20. Narayana Says:

    Thanks AG,

    That disconnect is because there was difference in our understanding of word “culture” .. You meant something and I meant something else.

    Culture is a word that may mean different things to different people. This difference resulted in a disconnect with you indomitable “Anonymous Guy” in a recent discussion here.

    At first I had a difference of opinion with you, here because by culture you meant daily way of life and I mistook that to be the ancient way of life. Important lesson I learnt from that discussion is culture is very dynamic. Unless we have common definition we may have disconnects.

    I was trying to get scientific definition of culture and here is what I have found to be most accurate. Till I find a better definition I will use that definition
    (From “The Columbia Encyclopedia” retrieved from my Credo Reference account)

    In anthropology, the integrated system of socially acquired values, beliefs, and rules of conduct which delimit the range of accepted behaviors in any given society.

    Further the same article states following
    Culture is based on the uniquely human capacity to classify experiences, encode such classifications symbolically, and teach such abstractions to others. It is usually acquired through enculturation, the process through which an older generation induces and compels a younger generation to reproduce the established lifestyle

    It is very similar to what Mysore Peshwa referred to when he said something about patterns being passed in the name of tradition.

    With the above definition I see that cultures can be changed in one’s life time. That is why probably nihilists advocated taking down one whole generation if one wanted to provide new direction to a society. But since it is a very violent way to change a culture let us not take that route. Instead if system punished you for a certain behavior then adopting your behavior to stay out of trouble will be an important lesson for the newer generation. However this approach needs time because generation long learning is involved.

    Now let us come back to our discussion.. Is there anything wrong with Indian culture.. Yes.. (Thanks Anonymous Guy for getting me educated on this) We have a culture (as per the above definition of culture) that believes corrupt can go unpunished because in the last generation they went unpunished. This leniency to corrupt and corruption was system borne because we have not done an intelligent job in defining our constitution and laws. The shoddy job in constitution itself was a result of culture of subservience that was more prevalent in 1950s but probably less prevalent now.In other other words we have built a corrupt culture in one generation and then then blaming the culture for our own inaction!. We need to break out of that..let us put systems to punish the corrupt this year so that our culture of 25 years from now becomes different from what it is today. If we keep blaming our culture we will not make any progress.. just as Div was mentioning even after 200 years Mexico is still the same and that is ominous for India too… I felt that long before Mexico’s bicentennial this week. There is a country in Aftrica which has independence in its name (Liberia). They got independence long before anyone else but they are still in abject poverty much worse than Mexico. This pattern is evident all over the world. Only intelligent laws and effective implementation create a culture of honesty. And if we start blaming ourselves for the rut we are in, the corrupt politicians and babus of all hues have a field day to excel in corruption!!! I agree with you that our culture has become corrupt but let us not be fatalistic and try to solve corruption as a system problem because yesterdays system are today’s culture and today’s system is tomorrow’s culture.

    ***

    Anonymous Guy,
    PS to my earlier comment.. Old man of thermopylae is a limerick from Edward Lear(1812-188) though it is possible Aldous Huxley(1894-1963) used that limerick in his books which you referred.

  21. Anonymous Guy Says:

    Narayana,

    wrt the limerick, yes exactly right – Aldous Huxley compared the average Indian to the old man in the limerick who couldn’t quite to anything properly after a long visit to India.

  22. Rajesh H Says:

    News around the press circles is that the most recent ex-CJI, was probably the #4 most ruthless and openly corrupt of all in the now well-distributed and universally-accepted list.

    Despite his humble beginnings, sacrosanct backward caste tag yet most shady reputation, the old man (now millionaire family) also had the courage to publicly support none other than a famous crook called Dinakaran (now in rehab in rich-tea gardens thanks to his Cong-I Godfather’s).

    Sadly these so-called Judicial figureheads of our land continue to use the #1 benchmark for all decisions: Caste! (apart from the mandatory and default BLACK MONEY greed).

    What is even more surprising is that the current Law Minister is himself a trained legal professional from South Kanara, most well known for intellectuals!

    Yes he is supposed to be a genuine task master and has expressed his complete displeasure with many key legal aspects crying for reform and issues in the past….but as yet no one has seen a single tangible action! Are all politicians the same?

    India Today: Politicians rule, Judiciary mints and the Executive capitalizes!

  23. Pulikeshi the Last Says:

    Corruption is a result of covetousness, a vice condemned by all relgions and bolstered at the same time by them because of the ubiquity of feudalism to which they were all beholden.

    When resources are scarce, corruption becomes God. Land and water were always scarce commodities for us; thus their acquisition at any cost became one of our pursharthas. The jaathi system was the biggest ally of those who would get rich at any expense.

    Poor Gandhi knew how helpless he was in a milieu where his disciples were among the richest in India. His disciple Jawahar could not have been blind to the evils of his permit raj, granting monopolies in steel, cement, and automobile industries to his well heeled north Indian dynasties. His daughter went a step ahead and insitutionalised corruption with the touching claim that there wasn’t a place on God’s green earth where there was no corruption.

    Why do we want to stop at the Supreme Court and its rotten state equivalents? Suppose we hold the Gandhi family (not of the Mahatma variety) accountable for its wealth first? When the Italian empress realised she stood in danger of being prosecuted for violating citizenship requirements, she became a mahatyaagi by conferring the prime ministership on Singh. Just when it became apparent that her billionaire status (not in liras either) would cause her to face prosecution as a lawmaker, she divested herself of control over the family empire and ran for election again costing the nation’s broken coffers billions of rupees. It is anyone’s guess why Priyanka Wadhera has stayed away from politics. Why risk her assets by declaring them?

    If we mean money by corruption, there are things that can be done; Confiscations of illegal assets abroad held by Indians; demonitisation; curbs on free transfer of money between India and other countries; abolition of tax shelters.

    Ineffective dreaming? Yes, Utopia is always a dream.

  24. Pulikeshi the Last Says:

    Rajesh–

    I have long been tickled by the notion of Moyli’s ghostwriter coming forward. Don’t forget that the law minister is the Tulu version of our own vishwamanava of Vontikoppal.

    There must be a way to obliterate Rama and Krishna out of Hindu consciousness.

  25. k v deshpande Says:

    if names of definitely corrupt 8 cjis published outside india and made accesible to general public will it attract contempt of court

  26. Narayana Says:

    KV Deshpande,

    Indian courts have ruled earlier that law of India is applicable all over the world(the most powerful court system in the world) so I guess it will be difficult.

    I am not sure of other places.. but in US bill of right protects anybody on US soil (even non citizens and temporary visitors to US) and any such valid criticism of court will be treated as right to free speech. Not only the person who is speaking but also the person publishing the speech in a blog or online media will enjoy additional immunity under section 230 of communications decency act.

    Bill of rights is very powerful and equally succinct..When you get a chance read through US constitution ( with all 27 amendments it is still 20-25 pages long at the max!!!!–I wish India had such a vision)

    ***

    KV Deshpande,

    Proabably best way if you are interested is joining Bhushan et al by being additional contemnors. More the merrier. They can not jail everyone.

    Address:
    6/6 Jungpura B (basement),
    Mathura Road,
    New Delhi: 110014
    Tel: 9811164068, 9958146804
    Email: judicialreforms@gmail.com
    Website: http://www.judicialreforms.org

    In the website there is also a web form at http://judicialreforms.org/get_involved.htm. You can fill it to get involved in the current movement. And give widest possible circulation to this movement among your friends and family. Let there be a groundswell against the corruption in judiciary

  27. VALALE SUBBANNA Says:

    Welldon Prashanth Bhushan and wellsaid Narayana.

  28. Samavita Says:

    There is not much doubt that the juidiciary is an integral part of the society and when the society itself has degraed in its value system, the Indian judiciary cannot be above board!
    However, for M/S Bhusan and Bhusan to now publish a list naming and shaming has no relevance as he is refering to all retired judges. If he was so convinced about his claim, he should have had the courage and conviction to name the corrupt judges while they were still in office.

    Much as his intention I hope is good. However the behaviour and method adopted is populist . Probaly a free fame seeker father and son duo .

    The Indian judiciary including its apex court needs to free itself of corruption and there are no two viewes about this. Lets also also commend the Indian courts and those of its judges who are above the guilt of corruption for stepping in and taking on the so called power to be , protecting the rights of ordinary citizens whenever they have been trameplled !

  29. Narayana Says:

    Samavita,

    Read my earlier comments above.

    System fails first and then culture of corruption results.

    Do not mistake cause and effect. Failure of judiciary is the cause for degraded values and not the other way.

    I can understand why Bhushans kept quiet for so long.. For the same reason that 100 crores Indians kept quiet.

    However Ms. Arundhati Roy’s punishment by court made her write very logically and lucidly on what is wrong with Indian courts. NRIs like me who have seen other systems started realizing the conning of Indian by Indian courts. We started blogging.
    Then public remembered Ramaswamy and other disgraced ones who could not be removed. PF scandal happened and disgraced magistrates went scot free. Warrants for cash scam happened and TV journalist who exposed corruption in judiciary got punished but corrupt judges went scot free. Now the shit started hitting the ceiling.. CJI Sabharwal passed orders to benefit his son. Then the sham judgement on Vedanta Sterlite happened which legalized killing of tribals to improve their life(observe the irony)
    Then Dinakaran happened and then RTI refusal by CJI Balakrishnan happened. So when shit started flying all around CJIs– some honest judges from lower court refused to toe the line of corrupt and voice of dissent from Justice Shylendra et al appealed to the conscience of honest Indians. Don’t you think these are the enough reasons for someone to stop cooperating with the system and just walk up to the bench and declare that they are naked. Bhushans have done that and they deserve every bit of support. So stop being a casandra.. Join the movement ..

    It is not populism. Bhushans are using an interesting strategy of truth discovery. Current contempt law (however asinine it is) allows truth as a defense. What more proof you need for truth when lakhs (if not crores ) of Indians march with Bhushan to seek arrest on contempt charges. Are not we Democracy. Did not we who gave these rights to courts (Courts think that they got those rights from British :-)) So let us march with Bhushan in this moment of discovery.

    Let “Ek Aur Dakhkha Do” be our war cry.

  30. Ram Kishan Says:

    In democratic setup the power of the citizens is excercised through the parliament. Let us submit our demand to the parliament to bring about a law so that FIR can be filed agaisnt corrupt judges without approval of their superior judges. All the conscientious citizens may send mail, post card, letter to editors of the news papers, video clips to TV channels, meeting with the MPs, submitting representation to them, blogs, e-mails, web movement etc. When we have consummer protection act, right to informtion act; why can we not book the corrupt judgest by usual process of law without having any permission of the CJI. It is the public voice the Bhopal Case is being reviewed even after 14 years when the limitation for review is 30 days. Several cases like Nitish Katara, Uphar etc can be reopened and tried, why not law relating to booking the corrupt judges be framed with the approval of public. Judges are judging everybody but the judges should not forget that we as the public can judge the judges.

    ***

    When the MPs can raise their salaries and benfits with full voice and such approval and law making is done in a day. Many laws are made in a day and ordnance is issued in a day. Hence the law making for booking the corrupt judges can be made on top priority within a week or fortnight if sufficient pressure is applied to the parliament. It will be a befitting gesture to the Bhusans who have taken the lead to bell the cat. In the movement we can seek the support of the honest CJIs.

  31. Abhi Says:

    Without a doubt, of all the bad things in India, judiciary is the worst.

    Narayana – Excellent, I wish we have more intelligent people who refuse to take it in their arse anymore. But, I think its not all about systemic failure, our culture (without getting too much abt its scientific definition, I would say our way of life) has the origins. Look at the developed world and you see 3 common aspects in their cultures. 1. Discipline 2. Free and open society 3. Reasoning and Science. In our culture, it is replaced by 1 single value of respect (or obedience or fear as the case may be) This is the virtues beyond all others, that is the problem.

    Even if you bring in the same system as that in US, it don’t think it helps. Let me give an example. During the last US elections, GWB knew he could not become the president again and he was almost certain Republicans would lose power. He had all the powers to loot as much as possible (unlike India where ruling govt is stripped off powers moment the elections are announced).

    Ultimately laws are as good as people owning it. At best you can say its a mixture of problem with our culture and system, not the system alone. In my opinion its more of a bottom up problem than top bottom problem.

  32. Bharat Uday Andolan Says:

    This is THE WORST news of independent India.
    Indians will enjoy TRUE Independence only after we get rid of corruption, misrule and unaccountability of ‘Indian Political Mafia’.
    BHARAT UDAY ANDOLAN….a citizen’s movement…has declared ‘11 Points Agenda on political, administrative, electoral, judicial and police reforms’. P
    To know about ‘Agenda of Reforms” and ‘Blue Print’ of this Citizen Movement, visit Link: http://www.facebook.com/home.php#!/pages/Bharat-Uday-Andolan/147005275322869?v=wall&ref=sgm

  33. Suneel Sardana Says:

    Whatever Sh.Shanti Bhushan & Sh.Prashant Bhushan have mentioned in their articles,verbal & written statements to the court & media about corrupt C.J. of India is more than100% true & correct.I fully endore,agree & reconfirm their views,opinion & findings. Had these various Chief Justices & Justices of Supreme Court & High Courts not been corrupt,NO JUDGE OF ANY TRIAL COURTS COULD HAVE EVER DARED TO SELL & AUCTION Judgements which is a almost a common practise in almost every trial court of India.Doubtlessly, out of these corrupt judges, most of them are awarded & promoted to High Court & Supreme Court. How could any one expect Judicial systems to be honest which is 90% corrupt as on to-day.

    Majority of black coat uniformed so called Counsel,Advocates& Lawyers are equally responsible & punishable who perform as PIMP,FIXER,BROKERS & DALALS but are acting as they are practising law, which is Very Unfortunate.
    If BHUSHANS narrations are punishable,I should also be prosecuted & be send behind the bars for speaking TRUTH & exposing corrupt.
    All the past & present governments & politicians are party to all these as they are the most corrupt
    Suneel Sardana
    President
    Voice of India(Regd.N.G.O.) Ph.01126960101/26897600/9811013031
    http://www.bharatkiawaz.com
    We are on war against Corruption,Castisam & Injustice-come join this movement

  34. Suneel Sardana Says:

    If all my fellow citizens decide not to bribe any one including judges,the shameless position of India as the 87th most corrupt country of the world will vanish.Come tale a pledge, NEVER PAY OR RECEIVE A BRIBE IN ANY SHAPE & KIND, if you are a patriot.
    Stop inviting or participating to all the social get to geather,occassions ,ceremonies of all these corrupt BABOOS i.e.IAS,IPS,STATE CIVIL SERVANTS & all other corrupt govt.employees,POLIYICIANS,so called as leaders,MINISTERS etc.
    In my opinion,P/M.Manmohan Singh is the biggest corrupt & MAJBOOR ,who is heading the present govt. of most corrupt politicians & agony is he dares not to remove any one of these certified & proven corrupts.What is madam Sonia doing?
    Is power,position & chair is more dearer & important than INDIA for all these power hungry & corrupt POLITICIANS?
    Suneel Sardana
    Ph.01126960101/26897600

  35. dr umesh chandola Says:

    imagine if nd tiwari was a cji he would have always wanted this &no money. though it is covered by pc act 1988 but how u will prove it?

  36. A. K. Biswas Says:

    I’m doing some research on the history of administrative justice. Can anybody tell me when was Native Law Officer by which Hindu (as Judge pundit) and Muslim scholars (Kazi) well versed in their religious laws were appointed since 1793? When was this law scrapped or repealed? Any official record available on this?
    Secondly, when was trial by jury was introduced and abolished?

    In both cases name of the Act or Regulation may please be noted.

  37. estrebrillante Says:

    There are three types of law, one by statute, second a Judge based law and third is lawyers’ based law, it is the need of hour that the latter should come up and take the bull by its horns. The rules of Bar Council of India empower an Advocate with duty to file a complaint against a judge where there is serious grievance against a judge but what happens then, there is no mechanism created to address these complaints, then? The alternate solution is to file complaints against them under IPC, before Consumer Forum or before UN human rights division or even a civil suit. It needs concerted effort to break the concrete wall of corruption in Judiciary, otherwise a CJI will say that he is an imperfect product of an imperfect society forgetting that he has been selected and elevated to correct the imperfect society.

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