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There are two views, towards different directions  were expressed by Hon'ble Chief Justice of India, that (1) High courts are packed with favourites and then said during a hearing of Matter said that (2) Judges can't be put under public scrutiny, in the garb of fairness and independence of the Judiciary, as if they are above the law. No one can cliam that he have right to adjudicate the Judicial Functions, but every one have right to get redressal of his grievances against a Judge, if he feels that he have granted injustice to him, through an appropriate forum regulatory machenism, so Judicial Fairness and Independence cannot be damaged even by corrupt Judges.

 

For example, once, I filed an Application under Section 340 of Cr. P. C., against an City Civil Court Kolkata Lawyer, Mr. Hazari, and after receipt of copy of said Petition he moved to Delhi and used his high level connections and got appointed as Judge of Calcutta High Court. When this report came to my notice, I meet with the then Editor of the Telegraph Mr. M. J. Akbar and then under his advice to Sub-Editor Mr. Ganguly, who forwarded the matter for legal opinion before publishing it, and reportedly received favourable opinion to publish it. But on the very day when they were planning to publish it, President’s Warrant was issued, thus matter was not published.

 

Once Mr. S. K. Mukherjee, Advocate of Calcutta High Court appeared against me before Calcutta High Court, in a Civil Revision Petition, to support the blackmailing activities of the Kolkata Land Mafia, in serious violation of his professional duties fixed under Advocates Act, and also at the behest of Kolkata Land Mafia and now he is a Hon'ble Judge in Calcutta High Court.

 

Once Mr. Gopal Subramanium, (Now Solicitor General of India), Sr. Lawyer of Supreme Court, was appointed by Mr. A. D. Giri, Advocate (and Ex-Solicitor General of India) of Allahabad, on my behalf to move a Writ Petition in the Supreme Court, but under influence of some one being agent of Kolkata Land Mafia Mr. Gopal Subramanium influenced not to file and move my Writ Petition, to deprive me from my Fundamental Rights severally infringed by Kolkata Land Mafia having close Nexus and Benami Partnership with Powerful Politician from West Bengal, thus Mr. Gopal Subramanium appointed Dr. S. Muralidhar to block preparation of my petition. Now said Dr. S. Muralidhar is Hon'ble Judge in Delhi High Court.

 

If these facts are allowed through an appropriate procedure before recomending the names for appointment of Judges can be taken into consideration, then no one can say that it would hamper the functioning and independence of the Judiciary.

 

Secondly, I filed application for Prosecution Permission to prosecute Mr. Justice Vijendra Jain and Justice Swatantra Kumar, both then were Judges in Delhi High Court, since they passed the unconstitutional orders in my Writ Petition, against gratification received by way of their elevation as Chief Justice of the respective different High Courts. More than two years is passed, but Hon’ble Chief Justice has not taken any cognizance on my said application, as if the Judges are above

the law.  

 

Apart from technicality, a common man cannot understand that declaration of assets by Judges how can be termed as interference in the fairness and independence of judiciary?


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Category Constitutional Law, Other Articles by - Raj Kumar Makkad 



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