Corruption in Judiciary
There
was a Judge in a High Court who had a very bad reputation about his
integrity, and on this account was transferred to Allahabad High Court.
Later with passage of time he became very senior and Acting Chief
Justice of Allahabad High Court.
The then Chief Justice of India, Justice
Kapadia, had received several complaints about this Judge that even at
Allahabad he was indulging in corruption,and Justice Kapadia requested
me to find out the true facts about that Judge ( I was then a Judge of
the Supreme Court).
Some people started demanding that he be made Chief Justice of some High Court, and later brought to the Supreme Court.
At that time I had to go to Allahabad, my home town for attending a
function, and while there I contacted some lawyers I knew, and got 3
mobile numbers of the agents of this Judge through whom he was taking
money. On returning to Delhi I gave these 3 mobile numbers to Justice
Kapadia, and suggested that he get these numbers tapped through
intelligence agencies.
About 2 months thereafter Justice Kapadia told me that he had done as I
had suggested, and the conversations tapped revealed the corruption of
this Judge.
After this, Justice Kapadia should have called this Judge to Delhi and
asked for his resignation, failing which he would refer the matter to
Parliament for impeachment, but he did no such thing,(though he did not
allow the Judge to become Chief Justice of any High Court or a Supreme
Court Judge)
Most Chief Justices of India are reluctant to expose corruption in the
judiciary thinking that this will defame the judiciary, and so they
prefer to bury corruption under the carpet, not realizing that the bulge
under the carpet will show.
Some think that exposing corruption defames the judiciary. My reply to
such people is : Does corruption by Judges defame the judiciary, or does
exposing such corruption defame it ?
I may give another example. When I was Acting Chief Justice of Allahabad
High Court I went to Delhi and met Justice Lahoti, the then Chief
Justice of india, and gave him a chit containing names of 5 judges of
Allahabad High Court who were doing shocking things. Justice Lahoti
asked me what should be done ? I replied that if he permitted, I would
solve the problem in 24 hours. He asked, how ?
I replied that I was going back to Allahabad by the night train, and on
reaching there would call the Registrar General and tell him to
telephone these 5 Judges, and tell them that the Chief Justice had
instructed that they would not be allowed entry into the High Court
premises. Police was being posted at the gate of the High Court with
instruction from me that these judges were not to be allowed entry.
Their chambers had been locked, and they will receive their salary
checks at home, and they need not come to the High Court. I did not want
to see them inside the High Court premises as they had disgraced the
High Court.
When I said this Justice Lahoti said "Please do not do this, because
then the politicians will get a handle, and then they will set up a
National Judicial Commission". I replied that since he was not
permitting me to do this, i would not, but he may take whatever action
he thought fit.
Later some of the 5 judges whose names I gave were transferred to another High Court.
But is transfer a solution ? Such corrupt judges should be sacked, but
this is not done to ' avoid defaming the judiciary'. I again ask : does
corruption by Judges defame the judiciary, or does exposing such
corruption defame it ?
I have given only two instances of corruption in this post, but I can give several more.
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