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Wednesday, September 18, 2019

Judge in Trouble

DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.36........08 / 09 / 2019

Bihar Judge in trouble for questioning corruption in judiciary

Justice Rakesh Kumar, who is the senior most judge, said in his order on Wednesday, that corruption in High Court is (an) open secret. He also made scathing remarks on the prevailing situation in state judiciary and publicly pointed out corruption in lower courts.

The Patna High Court Chief Justice on Thursday issued a notice to withdraw all cases from a senior judge after he alleged corruption in judiciary while hearing a case against a former IAS officer.
According to a notice issued by the order of the Patna High Court Chief Justice, "all matters pending before Justice Rakesh Kumar, sitting singly including tired up/part heard or otherwise stand withdrawn with immediate effect".
"Justice Rakesh Kumar will await in chambers for work assignments until ordered otherwise" notice issued by the order of Chief Justice of Patnaa High Court said.
Justice Rakesh Kumar, who is the senior most judge, said in his order on Wednesday, that corruption in High Court is (an) open secret. He also made scathing remarks on the prevailing situation in state judiciary and publicly pointed out corruption in lower courts.
Justice Rakesh Kumar, while hearing the bail application of former IAS officer K. P. Ramiah, had questioned how he was granted bail by a lower court when the High Court as well as the Supreme Court had rejected his request for protection from arrest because of the gravity of the allegations.
Justice Kumar said a "corrupt officer" like Ramaiah secured bail as a vacation judge heard his case in place of the regular judge of the Vigilance Court, who was away for a day.
The judge also alleged that the full bench of the Patna High Court had taken a lenient view every time the case of any judge from the lower judiciary came up. "Despite my opposition, a judge facing serious charges was let off with minor punishment instead of an exemplary one," Justice Kumar had said in his order.
Justice Kumar also hit out at High Court judges for wasting public money by choosing to stay in guest houses for months on the pretext of renovating the government bungalows allotted to them.
Justice Kumar ordered that a copy of his Wednesday order be served to the Chief Justice of India, Prime Minister's office and Union Ministry of Law and Justice.
Ramiah is accused of embezzling over Rs. 5 crore from the Bihar Mahadalit Vikas Mission, a state government scheme for deprived and marginalised Dalits.



Madras High Court Acknowledges Corruption In Judiciary, Calls It The Greatest Threat To Constitution

In unprecedented remarks, the Madras High Court on Thursday (28 March) noted that even the judiciary was infested with corruption and that corrupt judicial officers and public servants should be declared “anti-nationals,” reports Times of India (TOI).
“They are anti-nationals because they are obstructing the development of this great nation. Terrorists are declared as anti-social elements. Thus, persons corrupt and acting against the developmental activities of our nation are also to be declared as anti-nationals. These anti-nationals do not care about the development of this country but are only interested in their self-development," Justice Subramaniam said.
Justice S M Subramaniam of the court noted that corruption in the judiciary was the “greatest enemy of the Constitution” and that it was imperative that wide-ranging reforms are initiated to reign in corruption in the courts.
"It is painful and unfortunate to state that sexual favours are demanded in lieu of bribe in educational institutions and public offices and what else can be worse than this in public administration," Justice Subramaniam added.
First Step
Recently President Ram Nath Kovind appointed former Supreme Court judge Justice Pinaki Chandra Ghose as India's first Lokpal. The Lokpal and Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for the establishment of a Lokpal (Ombudsman) to fight corruption in public offices and ensure accountability on the part of public officials, including the prime minister.

SC turns to CBI, police to curb graft in registry

https://www.google.com/amp/s/m.timesofindia.com/india/sc-to-depute-senior-officers-from-cbi-delhi-police-to-prevent-corruption-in-registry/amp_articleshow/70120691.cms  ,


FIR  against  High Court Judge  Shukla

Justice SN Shukla of the Allahabad High Court has become the first sitting high court judge to be prosecuted while in office in nearly three decades. Chief Justice of India Ranjan Gogoi has allowed the Central Bureau of Investigation (CBI) to lodge an FIR against Justice Shukla.
The case relates to medical admission scam. Justice Shukla is accused of favouring a private medical college by extending the deadline for admission of students in contravention of the existing rules.
Prosecution of judges of the high court and the Supreme Court were not allowed till July 1991 when the top court provided for lodging FIR against them in the landmark Veeraswamy case. Justice Veeraswamy of the Madras High Court had been booked in a case of corruption in 1976.
He challenged the government's decision saying that law gives immunity to judges of the appellate courts from prosecution. The matter reached Supreme Court, which in 1991 allowed prosecution of judges of the high court and the Supreme Court but only after getting nod for the same from the Chief Justice of India.
Justice Shukla's prosecution is the first such case since the 1991 Supreme Court judgment. The decision followed an elaborate process of investigation by an internal panel of the Supreme Court which found Justice Shukla guilty of misconduct and deliberately delivering erroneous judgment to benefit the private medical college.
This comes only a few days after Justice Shukla requested CJI Gogoi to restore judicial functions to his jurisdiction. CJI Gogoi had ordered to take away his judicial functions in January 2018. He had also recommended, in a letter to Prime Minister Narendra Modi last month, removal of Justice Shukla from his position.

Editorial : How many voices you will silence  CJI ?
      In the past , Justice Karnan was jailed for speaking truth – corruption in judiciary. Judge Prabhakar Gawli dismissed from service for acting against corrupt. Now Justice  Rakesh Kumar paying the price for speaking  truth.  Supreme court judges , high court judges instead of conducting  fair investigation, prosecution into the charges and upholding law / truth are aiding  corrupt, criminals by silencing voices seeking justice. .
     Hereby  , we urge Honourable Chief Justice of India to order an impartial  inquiry , to protect the constitutional duties of victimized judges.

Jai Hind. Vande Mataram.

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