INDIA'S JUDICIARY ON TRIAL
By Aires Rodrigues
India's Executive and the Legislature have been shrouded with scams and scandals but now it is extremely unfortunate that the integrity of the Judiciary the third very vital arm of the constitutional framework has also come to fore. After A.K Ganguly yet another former Supreme Court Judge Swatanter Kumar has now been embroiled in allegations of sexual misconduct by one of his former law intern.
It may be recalled that Justice Swatanter Kumar was appointed as Judge of the Supreme Court on 18th December 2009 just 12 days before he was due to retire. It was almost certain that he would never make it to the Supreme Court. Did he manage to pull a coup of sorts, clearly by apparent misuse of office and public funds?
It was revealed in information obtained under RTI in 2011 that the then Chief Justice of the Bombay High Court Swatanter Kumar had made two trips to Delhi in less than a week just before his elevation to the Supreme Court. Were these visits to Delhi by Justice Swatanter Kumar in October / November 2009 and his meeting in Goa with the then President of India Pratibha Patil on November 22nd 2009 to lobby for his elevation to the Supreme Court?
The then Bombay High Court Chief Justice Swatanter Kumar had traveled to Delhi on 19th November 2009 to meet the then Supreme Court Chief Justice K.G. Balakrishnan and he also met Justice S.H. Kapadia on 21st November. He was scheduled to return to Bombay on 23rd Nov.
However on 22nd November, Justice Swatanter Kumar flew from Delhi to Goa to attend a reception being hosted at Goa Raj Bhavan in honour of then President of India Mrs. Pratibha Patil who was on a visit to Goa.
Surprisingly on 23rd November Justice Swatanter Kumar flew back to Delhi from Goa by the early morning flight and returned to Mumbai the same day by the late evening flight. It is not known why Justice Swatanter Kumar had traveled to Delhi for the day. The Supreme Court collegium that same week recommended to President Mrs. Pratibha Patil the elevation of Justice Swatanter Kumar to the Supreme Court. This round trip Mumbai -Delhi- Goa – Delhi – Mumbai of Justice Swatanter Kumar cost the exchequer Rs 1, 16, 891. During his two year tenure as Chief Justice of the Bombay High Court Swatanter Kumar had made 14 official trips to Goa incurring a total traveling cost of Rs 4, 43,577.
Now with these serious allegations of gross misconduct slapped against Justice Swatanter Kumar, will the National Green Tribunal currently headed by him be re–christened as the Pink Tribunal. It would also have to be seen if he did some fondling and fiddling on those trips to Goa? Very troubled and turbulent times for India's Judiciary. After Ganguly and Swatanter Kumar who will the next villian be?
Aires Rodrigues
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