Thursday, May 28, 2015

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

Law is different from justice. Judges have no accountability. Now whatever decision the apex court gives, one of the lower court judges is wrong. Law and judgements must be uniform. Would a poor convicted have got away within a few hours after drunken driving without a licence? Certainly law is different for rich and poor, high and low and above all, politicians and common man. How else you explain a case pending for 18 years and 13 years after poaching an endangered deer. The last line of the judgement is written first in these occasions. If politics manages to blind justice, the country would be Cemetery.

Vijay Kapoor <indiaresists@lists.riseup.net> wrote:

>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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