By Sunkian Porwal
The independence of the judiciary is granted by the Constitution to protect the rights of the citizens, but regrettably nowadays it is shielding the rights of the judges. One should not make fun of the judiciary, but what can we do when officers of Court act like a satirist. In this article I will indicate several instances via which judges and lawyers themselves, through their words and actions, invited massive criticism. It is very much evident that all the judges and advocates are not highly regarded and have fine intellect, but still they pretend as if they are the only ones having brain and acumen. Below are a few instances where they acted unwisely while sitting on the chair.
Delhi HC apologizes for 34-paragraph copy-paste plagiarism
This was one of the most unfortunate incidents where Delhi High Court found itself at the centre of a plagiarism controversy as the judges were accused of plagiarizing more than 30 paragraphs in a decision from an article found in the Queen Mary Journal of Intellectual Property. When the original author posted about it on Facebook, corrective action was issued by the Bench. The ‘corrective action’ also placed the blame at the feet of an intern working for the judge. According to the action, it was draft content submitted by the intern that was incorporated into the judgment that caused the controversy.
When the Delhi High Court was boycotted by the Bar Association
Once lawyers of the Delhi High Court Bar Association boycotted the Court of Justice V. Mehta. It was alleged that the Judge in this Court had a tendency of imposing costs on litigants on an unprecedented scale and that his remarks in the Court were loutish. The Delhi High Court Bar Association, in order to boycott this Court, passed a resolution stating that they had taken this step because all their earlier requests to the Chief Justice and other office-bearers of the Executive Committee had gone unnoticed and there was no sign of any ‘carminative’ effect.
Kith and kin of Delhi High Court judges repeatedly appointed as Local Commissioners
The Delhi High Court Bar Association drew the attention of the Hon’ble Chief Justice and Senior Judges of Delhi High Court in this regard but despite assurances, nothing significant happened in reality. It was witnessed by young lawyers that judges’ near and dears were appointed as Local Commissioners over and over again, and that the number of LCs and amount received by them was enormous.
The perusal of the data shows that while some young members of the Bar have been accommodated, at the same time some members along with members with long standing and even some Senior Advocates have been repeatedly appointed as Local Commissioners, Court Commissioners and Arbitrators.
One of the most classy and reputed Senior Advocate’s slip of tongue while arguing before the Supreme Court
“One of the lowest points in the history of court,” Chandrachud J. remarked on Sr. Vikas Singh’s ‘slip of tongue’. Senior Advocate Vikas Singh’s use of the word ‘bloody’ during the hearing in the BCCI case had displeased the Court. Such repulsive lingo can never be expected from a senior lawyer of high competence. The entire legal fraternity was shocked and stunned by this attitude of a Senior Advocate before the Apex Court.
When Apex Court slapped a contempt of Court notice on retired Justice Markandey Katju
This was the first time in judicial history when a former Supreme Court Justice faced contempt proceedings. The contempt notice was well reasoned, according to the article, since Justice Katju had written something derogatory against a sitting Justice of the Apex Court.
The opinions and statements of former Supreme Court Judge Mr. Katju are always loud and controversial and the author says young lawyers fail to understand why he continues to make such statements in public knowing the fact that this can disparage the image or harm the sentiments of a particular segment of society.
Justice C.S. Karnan’s contentious and controversial statements
“I’m ashamed to be born in India,” was the unanticipated assertion of Justice C.S. Karnan in the Madras High Court. Justice C.S. Karnan believed that, being a judge from the Dalit community, he was affronted and dishonoured several times by his senior judges.
He had also published an open letter to the Prime Minister, naming twenty sitting and retired judges of the High Court and Supreme Court and accusing them of corruption. The Constitution Bench of the Supreme Court brought Justice C.S. Karnan’s seven-year career to a halt. A seven-judge Bench of the Supreme Court issued a contempt notice against him. He was pulled up by the Apex Court for endlessly making deprecating comments against members of the judiciary.
Allegations of sexual harassment against Judges of Judiciary
Ashok Kumar Ganguly, the former Supreme Court Judge, stepped down as head of the West Bengal Human Rights Commission in 2014 after a law intern accused him of sexually harassing her in a hotel room. A three-member Supreme Court panel indicted Ganguly for “unwelcome behaviour” and “conduct of sexual nature”, prompting his resignation.
Another graduate of NUJS Kolkata had alleged that she was also being sexually harassed by a then-sitting Supreme Court judge in 2011, Justice Swatanter Kumar was named as the alleged former judge by IBNLive. A petition was filed before the Apex Court and notice was issued. Justice Swatanter Kumar, then National Green Tribunal (NGT) Chairman, clarified before the Supreme Court that the sexual harassment charges against him by a law intern were part of a malicious conspiracy intended to damage his reputation.
In the same year, an Additional District and Sessions Judge in Gwalior allegedly resigned in order to safeguard herself from sexual advances from a sitting High Court Judge. The female judge alleged being sexually harassed by her administrative Judge and subsequently had to resign to safeguard her self-esteem. Ironically, this female Judge of Madhya Pradesh was heading the Vishaka Committee against sexual harassment.
In February 2016, Karnataka High Court dismissed District Judge S.N. Hakeem on charges of sexual harassment, after the inquiry conducted against him concluded that he was making women employees watch pornographic videos and photos on his official laptop.
When Mr. Shamit Mukherjee had to resign as judge of the Delhi High Court
In 2003, Mr. Mukherjee had to resign because the CBI had arrested him in the Delhi Development Authority land scam case. Mukherjee had been dealing with DDA cases during his tenure and various incongruities and inappropriateness were discovered in his working.
The CBI registered cases against Justice Mukherjee under sections of the Anti-Corruption Act, 1988 and sections of the Code of Criminal Procedure for criminal conspiracy. Following the allegations, Mukherjee resigned and was taken into custody by the CBI, a first in Indian legal history. He was later released on bail on medical grounds. In 2008, a Delhi court framed charges against Mukherjee and four others.
The residence of Justice Nirmaljit Kaur
Justice Nirmaljit Kaur of the Punjab and Haryana High Court, immediately after looking at currency delivered at her residence, reported the matter to the Chandigarh Police. After investigation, it was found that the money was allegedly meant for Nirmal Yadav and was mistakenly sent to the residence of Nirmaljit Kaur due to confusion over their names. An FIR was registered against Yadav under the provisions of the Prevention of Corruption Act.
When Justice Dinakaran was recommended for elevation to the Supreme Court
Justice P.D. Dinakaran was the Chief Justice of Sikkim High Court; he had been Karnataka High Court Chief Justice but was facing impeachment in Parliament following allegations of corruption and was shifted to Sikkim.
Even when the Supreme Court Collegium had asked Justice Dinakaran to proceed on leave, he refused to do so and continued to do administrative work in Karnataka. The Collegium thereafter recommended his transfer to the Government. In 2009, several members of the Bar Council of India alleged that Dinakaran had huge assets in his hometown. He had to resign in July 2011 following such serious allegations of corruption.
The debate on corruption in the judiciary and the need to uproot it became a major concern when former Kolkata High Court Judge Soumitra Sen became the first judge in the country to be impeached by the Rajya Sabha for misappropriation of funds in 2011.
Thereafter, former CJI and then NHRC chairperson K.G. Balakrishnan faced allegations that his family members had amassed wealth disproportionate to their known sources of income. Till date, nothing substantial has been done. There are very few cases in which appropriate proceedings under law have been initiated against judges despite the fact that, in the existing scenario, corruption, favoritism and political influence on the judiciary are at a high.
There are various other episodes which have tried to tarnish the image of the judiciary, but do not require further elaboration in the present scenario. Such incidents have seriously damaged the credibility of the judiciary.
Conclusion
There are mainly three pillars of democracy, namely legislative, executive and judiciary, and bearing this in mind, it is an understandable fact that at any cost judicial system cannot be ignored and disregarded. But unfortunately, some officers of Court pay no heed to this fact and think themselves to be over and above this judicial mechanism and under this influence they create such blunders.
It is high time to reconfigure our existing judicial hierarchy to overcome rising challenges before us. Urgent steps to restore the confidence of the Indian people in the nation’s judiciary must be taken. The one who sits in the big chair and holds the Court needs to be efficient, competent and respectful because the burden of delivery of Rule of Law falls on them. Judicial governance means that judges who are constitutionally entrusted with the responsibility of protecting the rights of citizens must also be seen to be persons of rectitude.