On 30/9/2012 Arun Jaitley spoke at a BJP legal cell conference. He said there are two types of judges. Those who know the law and those who know the law minister. Best lawyers do not want to become judges. There is clamour for post-retirement jobs which is adversely affecting the impartiality of the judiciary. Through judicial verdicts post-retirement jobs are being created. When he was law minister he was wary of meeting retiring judges for the fear that they would hand him their bio-data.
The Supreme Court judgment on the composition of information commissions is a new milestone in judicial overreach. The judges have said information commissions are judicial tribunals, only retired or serving justices of Supreme Court or chief justices of High Courts can head information commissions. The benches of information commissions should have two members, one of them a judicial member. Lawyers with 20 years experience are also eligible as judicial members. The bench comprising Justices A. K. Patnaik and Swatanter Kumar directed the central government to amend the RTI Act. Some busybody had challenged the qualifications in RTI Act. The judges qualified themselves.
Hemraj and Aarushi were murdered. People refer to the case as Aarushi murder case. Hemraj is forgotten. The case has seen many twists. After Aarushi was found murdered it was said that Hemraj was missing. He was the suspect. Next day his body was found on the terrace. Rajesh Talwar was the suspect. A police…
India Against Corruption seems to have lost direction and momentum in fight against corruption. IAC wanted a Lokpal Bill. That did not happen. They wanted right to reject and right to recall. Both are unlikely to happen soon. Anna Hazare seems unable or unwilling to lead the agitation. Other members should resume the fight against corruption.
IAC members need not go on indefinite fast. They can go on chain hunger strike. Arvind Kejriwal, Kiran Bedi and Prashant Bhushan can fast for some hours every day. Then Shazia Ilmi, Gaurav Bakshi and Manish Sisodia can take their turn. Then some other people fast. Every day the cycle is repeated. The fight for Lokpal should be separate from fight for Lokayuktas.
There are people who say what consenting adults do in private should not be covered by law. This is mainly in reference to Section 377 of IPC which is under litigation in Supreme Court.
By that logic prostitution, sale and purchase of narcotics and psychotropic substances and illicit liquor, corruption, polygamy, transmission of pornographic material and many others matters that take place between consulting adults will be out of the scope of law. Drug traffickers can claim they have right to life and liberty to sell heroin, marijuana and such things to consenting adults in private and they have right to equality. The state will have no right to legislate on marriage, divorce, alimony and child custody. Also concubinage, live-in relationship and palimony will be out of the legal purview.
There were reports that CBI will not oppose Kanimozhi â€˜s bail plea. The Supreme Court questioned CBI on the reports and CBIâ€™s lawyer Harin Raval said it would certainly oppose Kanimozhi â€˜s bail plea.
Karunanidhi came to Delhi and met Sonia Gandhi and Manmohan Singh on 22/10/2011. On 24/10/2011 CBI did not oppose bail for Kanimozhi, Asif Balwa, Rajiv Aggarwal, Karim Morani and Sharad Kumar. It opposed bail for R. K. Chandolia and Shahid Balwa. On 31/10/2011 Supreme Court judges G. S. Singhvi and H. L. Dattu questioned Harin Raval â€œIs is true that during the hearing the CBI counsel said that he has no objection to bail for five out of the 14 accused?â€ and directed him to confirm the next day. On 1/11/2011 Harin Raval confirmed that U. U. Lalit representing CBI had not opposed bail for five accused.
CAG is a constitutional authority. He is not a servant of the government of the day. If he finds any subordinate not doing his job properly he has the right to overrule him. In judiciary there are various courts but the decision of the Supreme Court is final. It can overrule High Court or other courts. High Court can overrule Sessions Court. In Supreme Court judges on the same bench disagree and judgments are by majority. There is nothing strange about CAG overruling DG.
Judicial corruption is the worst corruption. Judges are the ultimate hope for justice and when they are corrupt justice is denied.
Judges enjoy constitutional protection so they may do their job fearlessly. The procedure for removal of corrupt judges of Supreme Court or High Court is long and difficult. A motion has to be moved in Lok Sabha, signed by 100 members, or in Rajya Sabha, signed by 50 members. When the motion is admitted the speaker of chairman appoints a committee of three members. When the committee submits report recommending the removal of the judge the motion is put to vote and must be passed by two-thirds majority in both houses. The voting is presented to the president of India and the president removes the judge.
India is in need of a new constitution. The problems faced by India are plenty and they cannot be solved by amendments. 1) India should be a federation. The boundaries of states must be fixed after considering all demands for new states and border disputes. At present there are demands for Telangana, Gorkhaland, Harit Pradesh,…
Shanti Bhushan, for law minister of India, has said eight of the 16 former Chief Justices of India were corrupt, six were honest and about two he is not sure. It means 50% of CJIs were corrupt. It means 50% of Supreme Court judges and High Court judges are corrupt. When S. P. Bharucha was CJI he had said 20% of the judiciary is corrupt. By Shanti Bhushanâ€™s reckoning 50% of the judiciary is corrupt. It means 50% of judgments were wrong.
Shanti Bhushan must make public the names of CJIs who were corrupt. He must also reveal whatever he knows about their misdeeds. That will be a great service to the nation and help in cleaning the augean stables of corruption.
Some years ago chairman of Punjab Public Service Commission was under investigation for corruption. He, as per reports, took 75 lakh rupees each for appointment as DSP or judge. If someone pays 75 lakh rupees to become a judge what fairness can be expected of that judge?
Judges have used contempt of court provision to silence people from mentioning corruption in judiciary by holding that truth is not a defence in case of contempt of court. There was one magistrate who issued four arrest warrants for Rs.10,000/- each. The four to be arrested included the then President A. P. J. Abdul Kalam and the then CJI Vishwanath N. Khare.
Read complete article here: http://go4quiz.com/vincent/2010/india/corrupt-chief-justices-of-india