Saturday, May 23, 2015

Re: [IAC#RG] ARE INDIAN JUDGES NOW UNDER TRIAL ?

Whereas judges all over the world have a privilege / protection, and rightly so, that protection is not unlimited. The administration / public are sensitive and come down fast and hard on the criminal types.
Unfortunately, in our country there is only privilege and protection, but no ruthless / effective weeding of the corrupt-criminal types. This is the crux of the problem.

Regards,


--------------------------------------------
On Fri, 5/22/15, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:

Subject: [IAC#RG] ARE INDIAN JUDGES NOW UNDER TRIAL ?
To: indiaresists@lists.riseup.net
Date: Friday, May 22, 2015, 7:47 AM



       ToIndia Against
Corruption                                                                                
ARE INDIAN   JUDGES
 NOW  UNDER  TRIAL
?

In recent times,
several judgements  delivered by Supreme
Court and High Courts have surprised and shocked common
men.  While even the judges in USA have often
come
under severe criticism, the conditions in India appear to be
no better.  So far, common men have believed
that the
judges would be the ultimate conscience keeper of the
country and this belief
is certainly getting eroded fast now.

While several
judgements have raised lot of suspicions in the past, it has
now reached a
climax when a High court judge acquitted a Chief Minister in
a corruption case
based on wrong arithmetic calculation and a rich
 actor was given bail in a
  few hours after being convicted .These are
all very disturbing signals which the country can ignore
only at it's peril. If
the judges would not command faith amongst the people, the
inevitable
consequence will be that people would tend to believe that
there would be no
alternative other than resorting to violence to protect
probity in public life.
It is not clear yet whether the judges have realised the
consequences of
delivering judgements which  cause
 blatant suspicions and misgivings 
amongst the people.

Of course, it is
true
that the judges function in stressful conditions with high
expectations of
standards from the people., who may not understand many
intricacies of the law
and the facts. When a judgement is delivered, it inevitably
happen  that one party  would
suffer and another party  would triumph. There
can also be genuine
differences in  interpretation of
 law while providing judgements.
 While these factors are understandable, when
judgements cause serious doubts amongst the people as to
whether the judges
have been impartial, it would be a tragic situation.
Unfortunately, this
appears to be what is happening in India
today.

One cannot miss the
fact that even retired judges of the High courts and Supreme
courts have
levelled  corruption charges 
against sitting judges in recent times. While
some say that this could be a situation similar to pot
calling kettle black,
nevertheless  such accusations are
extremely disturbing.  There have been
senior judges against whom molestation charges and land
grabbing charges have
been levelled and  common men believe
that most of these charges appear to be true and genuine. In
all such cases,
the Supreme Court have not scrutinised the cases thoroughly
but have allowed  the judges to go scot
 free with judges rarely being punished
.

On the other hand,
several senior judges have no hesitation in
accepting  posts such as Governor etc., which
make
people wonder as to whether these  judges
have been rewarded by the government for any reason after
their retirement. Why
these judges place themselves in such suspicious
circumstances by accepting
such post retirement positions ?

It is now high time
that the judges have to redeem their fair name amongst the
people of India.
Many believe that the Government of India's move to
appoint judges by setting
up judicial commission is appropriate , as in the past,
several judges have
been appointed due to political reasons at the behest of
politicians. Further,
it is now seen that the judges have no qualm about sharing
platform in meetings
with business men and politicians , some of whom face
charges in the court.

Before the public
suspicion become worse, the judges should 
immediately  atleast evolve a code
of conduct for themselves and develop a mechanism where the
code of conduct
could be scrutinised.

The judges have no
time to lose as the country men appear to be becoming
impatient and developing
a sense of  frustration , which make them
say  YOU TOO JUDGES.
N.S.Venkataraman


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