Is our judiciary really corrupt ?
sajugeorgep
(Querist) 02 October 2011
This query is : Resolved
IS OUR JUDICIARY REALLY CORRUPT ?
Here are some shocking news items that appeared in news papers recently, regarding our “ independent and impartial judiciary “ as enunciated by our constitution !
Lakhs paid for a favourable verdict: Rauf
Express News Service , The New Indian Express
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KOCHI: In yet another controversy in the ice cream parlour case, it has come to light that K A Rauf, co-brother of Industry Minister P K Kunhalikutty, deposed that Justice K Thankappan and Justice K Narayana Kurup were
together paid an amount of `30 lakh for issuing orders favouring Kunhalikutty in the case.
According to the deposition, the then Advocate General M K Damodaran was paid `32.5 lakh for filing an affidavit in favour of the accused. Rauf had stated that Justice Thankappan and Judge Sathyan read out verdicts prepared by those connected with the accused.
Justice Thankappan was paid `25 lakh for getting four orders in favour of the accused, Advocate General M K Damodaran was given `32.5 lakh and Justice Narayana Kurup was given `5 lakh through his son-in-law, Rauf said in his deposition. He had also stated
that Kunhalikutty had scuttled the Kothamangalam sex case.
“Justice Kurup, who had dismissed a plea for CBI probe into the ice cream case, was given `5 lakh for a favourable judgment,” Rauf said adding that the money was given through Sunny, son-in-law of Justice Kurup. Sunny was contacted through former ADGP K C Peter. �
�In his deposition, Rauf said that Kunhalikutty was willing to give anything for blocking a CBI inquiry.
�When the case came up in the Supreme Court,the State as well as the police were asked to file affidavits. At that time, the then Advocate General M K Damodaran was contacted, Rauf said adding that he along with Kunhalikkutty had met Damodaran at least 10 to 30 times.
Though Damodaran wanted Kunhalikutty to close a loan liability of `69 lakhs for Malabar Aqua Farm Ltd in which his wife had a share, a settlement was reached by giving him `32.5 lakh. �
�Later, when the case was filed in the JFCM court, K V Joseph was appointed prosecutor and the order to incorporate his name in the panel was obtained from the department. The case came up before Judge Sudheer, who had mentioned the name of Kunhalikkutty at seven places, Rauf deposed.
�Additional Advocate General Beeran was contacted to shift the case from Judge Sudheer. When the appeals for shifting the case came up before Justice Thankappan, the draft order for Thankappan was prepared by Advocate Anil Thomas, Special Government Pleader to Advocate General. Later, the case was shifted to Sathyan, Principal Sub-judge. Judge Satyan was also paid `20 lakh for the judgment in their favour, he deposed.
Prosecutor Anoop Kishan was given a questionnaire to be asked to the witnesses. “All the witnesses were taught on the basis of the questionnaire in the house of Majeed at Chalappuram,” Rauf said. When the girls were scared of deposing, Kunhalikkutty accompanied him to meet the girls and
assured that everything had been arranged through the judge, Rauf’s deposition said.
Of the total, `36 lakh given to five girls, `11 lakh was given to Rejina, who had mentioned Kunhalikutty’s name in the affidavit. Immediately after the trial at
Kozhikode court, she was admitted to Vivek Mental Hospital. Rejula, who had also named Kunhalikutty, was given `3,15,000.
Rauf deposed that he along with Kunhalikutty went to Potta to meet� Fr Panakkal regarding the Kothamangalam case. After a closed door meeting with
Fr Panakkal, Kunhalikkutty asked him to pay `1 lakh and that everything had been settled.� Rauf alleged that even members of NHRC were bribed.
1. Former Law Minister and Senior Advocate Shanti Bhushan , appearing before a Special Bench comprising of Justices Altamas Kabir, Cyriac Joseph and Dattu alleged that 8 of the former 16 Chief Justices of India were “definitely corrupt”. Shanti Bhushan accused 8 former Chief Justices of India of "corruption", and dared the Court to send him to jail for committing "contempt of court".
2. The Ex-chief Justice of India (CJI), KN Singh, must be applauded for his candid admission that Indian judiciary is not free from corruption.
3. The recent saga of Karnataka’s Chief Justice, PB Dinakaran’s selection to the Supreme Court has brought ignominy to the Indian judicial system whether or not he eventually gets a seat in the highest court of the land. Serious charges were raised against Justice Dinakaran that he has amassed excessive assets during his tenure as a judge in the lower courts. Obviously, these allegations insinuate that Justice Dinakaran has abused his position as a judge to accumulate disproportionate amount of wealth. It is important to remember that the clamor against selection of justice Dinakaran to the Apex Court was raised not only by the bar association in Bangalore but also by eminent jurists like Ram Jethmalani and Shanti Bhushan.
4. 77 % believe judiciary is corrupt: survey
A Transparency International report released on Thursday says that 77 per cent of respondents in a survey in India believe the judiciary is corrupt. According to the Global Corruption Report 2007, the perception of corruption is higher in India and Pakistan than in Hong Kong, Malaysia,
Singapore and Thailand. In Pakistan, 55 per cent of the respondents said the judiciary was corrupt.
“The degree of delays and corruption has led to cynicism about the justice system. People seek short cuts through bri-bery and favours, leading to further unlawful behaviour. A prime example is the unauthorized buildings in Indian cities. Construction and safety laws are flouted in connivance with persons in authority,” the report says.
http://www.hindustantimes.com/News-Feed/newdelhi/77-believe-judiciary-is-corrupt-survey/Article1-225145.aspx
5. Is corrupt judiciary the new reality of modern India?
Corruption has seeped deep into the Indian Judiciary. To say that judiciary is not corrupt is to negate the very truth. Judges come from the same society and are prone to greed, threats, fear and favour like any other human being. There are glaring instances of the judicial officers being involved in corruption cases. Recently a large amount of cash was wrongly delivered at the doorstep of a sitting judge of Punjab and Haryana High Court at Chandigarh though meant to be delivered to a different judge. A CBI inquiry was instituted and the CBI found incriminating evidence to link a certain judge to have been involved in the case. However, the CBI sought to withdraw the case on the ground that the CBI was not given the mandatory permission by the Government of India and the CJI, required to prosecute a sitting High Court judge. Another glaring example of the corruption in the judiciary is the provident fund scandal in Ghaziabad court. In this case 21 judicial officers ranging from the ADJ to sitting judges of the High Court and a sitting judge of the Supreme Court of India is involved. In this case too, the CBI was made to kneel and crawl before the Supreme Court seeking permission to interrogate the accused judges. The CBI was asked to submit the list of questions likely/proposed to be asked from the honorable judges.
Sailesh Kumar Shah
(Expert) 02 October 2011
you have to post in 'Forum' Section of this site.
Guest
(Expert) 02 October 2011
It would be wise on your part, if you personally try to observe and make your own opinion.
R.Ramachandran
(Expert) 02 October 2011
Dear Mr. Sajugeorge,
You have read these articles. It is ok. We have also read.
I will not hold any opinion on anything unless I have any personal knowledge.
Therefore, you have not asked any legal query here. This forum is meant for legal answers to legal queries.
ajay sethi
(Expert) 02 October 2011
i agree with mr ramchandran . post ur queries only on this site
Guest
(Expert) 02 October 2011
SKJADVT,
By making your posting on this thread you have not provided your views on corruption, if any, persisting in judiciary which the querist desired. Rather you tried to add to your scores with your own corrupt method just by criticising me.
In fact, I find when you are unable to suggest any solution to the problem of the querist, by tracing my reply you just try to add points to your scores by merely criticising me out of your jealousy. I have already tested your legal knowledge through several questions on other threads, as follows, where you totally failed to reply even a single question of mine:
http://www.lawyersclubindia.com/experts/Members-s-misuse-of-ANONYMUS-OPTION-215711.asp
http://www.lawyersclubindia.com/experts/laywer-harrasing-and-threatening-me-and-my-wife-trying-to-extract-money-un-nessary--210496.asp
http://www.lawyersclubindia.com/experts/DIRECTORY-OF-EXPERTS-PRACTITIONERS-212686.asp
http://www.lawyersclubindia.com/experts/Unregistered-association-233396.asp
I fully understand you are quite upset with the term of CEO, the legal definition of which you have utterly failed to provide even on repeatedly asking through my questions.
In fact, by posting your quries against me you are exposing more and more of yourself. I wonder what type of expert you are!
Raj Kumar Makkad
(Expert) 02 October 2011
Judicial officers also come from this society and their corruption just show the ongoing level of corruption among society in general. If society is openly accepting and believing in the tradition of give and take, there is no use to allege judicial officers. Judiciary is a reflection of society so first make the society free and fair from this evil simultaneously with judiciary.
SAANJAAY GUPTAA
(Expert) 03 October 2011
You can not claim everybody in judiciary are corrupt but corruption may be a part of it. God bless them.
Guest
(Expert) 04 October 2011
No is good in the eye of layman. But a sample piece will not prove the entire strength and goodness of a community. There is a blacksheep in every group. The judiciary is not an exception to this. a proverb says {if one eat salt he has to drink water) so all he who done has to feel. truth alone triumphs.
Biswanath Roy
(Expert) 08 October 2011
Corruption has a very wide meaning it cannot be simply rests upon monitory gain. Corruption is an integral part in human life living in a society. If we look at the history of Indian judiciary one can easily find that the first British Chief Justice Hon'ble Sir Eliza Imp hay BY A verdict made hanging order of Maharaja Nanda kumar at the personal request of Lord Warren Hastings who was his friend. This is also a kind of corruption in the Indian Judiciary.
