Recent Court Cases and My Dwindling Faith in Judiciary in India

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I take pride in being part of the Justice Delivery system in India ( All Advocates are theoretically Officers of the Court and assist the Courts in ensuring Justice is delivered).  But the spate of recent orders being passed by the judiciary is giving me sleepless nights.

The  oft-quoted aphorism “Not only must Justice be done; it must also be seen to be done”  has been somewhere buried deep in the ever mounting paper books/files. God forbid the status of ” Your Lordships/My Lords” has been drained down the sewage water and the recent comment of Shri Dushyant Dave, Senior Advocate in open Court is a slap on the face of judiciary and the Judges have very well earned it.

                “My Lords should wear a burqa and roam in the court corridors to hear the way lawyers talk about the judges of this court. You will get first-hand account of the rotting justice delivery system. The kind of lawyers who are being appointed as judges is a disgrace,” senior advocate Dushyant Dave, arguing for the Supreme Court Bar Association (SCBA), told a Constitution Bench led by Justice J S Khehar.

The recent series of orders and the rift in the judges of the sitting judges of the Supreme Court, which has shaken my undying faith in our country’s esteemed judicial system are such :-

  1. Granting Dayanidhi Maran Anticipatory Bail was a blunder in my eyes and has shaken the belief of dispensation of justice in common man eyes after Salman Khan’s Bail. The Hon’ble Ex Minister is accused of misusing its official position as Telecom Minister and due to the illegal acts of the Hon’ble ex Minister, the estimated loss to the exchequer is approx Rs. 94 lacs. It is noteworthy that in a recent Supreme Court judgment  a public servant was convicted for accepting a bribe of meager sum of Rs. 50/-.
  2. Staying the Gujarat High Court’s order in a suo motu PIL petition whereby the Gujarat High Court has sought to analyze the procedure/manner in which plots were allotted to several sitting and retired judges (including a sitting Supreme Court Judge) in a Co-operative society in Ahmedabad. By virtue of the stay order the Gujarat High Court won’t be able to proceed with the said case. Prima Facie I fail to understand the illegality in the order of the High Court, the High Court had only wanted to analyze the manner of allotment of plots allotted to the Judges, if they (the judges) were clean, common sense says there was no fear. But the filing of the petition per se in Supreme Court and a subsequent stay obtained by the miraculous Shri Harish Salve is a testimony in itself of something being black in the bottom or maybe the whole sea is black.

Note : Both the said orders are a matter of single day i.e 12.08.2015.

  1. The judgment of Karnataka High Court acquitting Jayalalithaa in the Disproportionate Assets case is not a miscarriage of justice but a travesty of justice. The reasoning given by the Judge doesn’t even appeal to the layman leave alone a trained legal mind.

These are the recent instances in many court cases and not an exhaustive list. Moreover, the fuss created by J. Kurian Joseph culminating in Yakub Memon being portrayed as a Hero is an example of internal rift between the Sitting Supreme Court Judges.

J. Joseph as per the law laid down in Ashok Hurra’s case regarding curative petition, you were not entitled to hear the curative petition, on top of that you did not pass the original order and referred it to a larger bench and thereby, creating a media nuisance,which backfired and the doomed Yakub Memon was in a day’s time, transformed into a National Figure.

Keep your internal rift within yourselves; don’t make it a national issue. The intelligentsia of this nation can very well read between the lines.

 Making a mockery of the justice dispensation system at the cost of nation and fooling the citizens of this country in the long run will wreak a havoc which can lead us into anarchy, from which our society may regress into a Victorian era colonial order but with even more draconian implications.

And I am sorry to say the spate of recent court decisions will be an aggravating factor. A nearby neighboring villager was confined into captivity just because the poor soul had to steal to feed his hungry children but the Hon’ble Ex- minister was granted Anticipatory Bail just to satisfy the gritty determination of the Hon’ble Supreme Court and the logic given is unfathomable. The PPF scam in Ghaziabad, involving the judges of sub-ordinate judiciary and taking within its sweep the Hon’ble Judges of Allahabad High Court, has not even seen the light of day.

            My faith in judiciary in India is dwindling and in case the judges don’t mend their ways,  you, the Hon’ble Judges will be a cause for total breakdown of trust in the judiciary.

Note: This article was submitted to us by a practicing lawyer in the Supreme Court of India.

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