Opinion & case law required.
pratik
(Querist) 21 August 2011
This query is : Resolved
Today, if there is an allegation of corruption against any Supreme Court (SC) or High Court (HC) judge, an FIR cannot be registered and investigations cannot be started into those allegations without the permission of the Chief Justice of India (CJI). Experience shows that Chief Justices have hesitated in giving permissions, despite overwhelming evidence of corruption being presented against any judge.
Historically, even those Chief Justices, who have been well known for their honesty, have not granted these permissions. For instance, Mr. P Chidambaram sought permission to register an FIR against Justice Sen Gupta of Kolkatta High Court. Permission was sought from the then Chief Justice of India, Justice Venkatachaliah, who is very well known for his integrity. However, Justice Venkatachaliah did not grant permission. Was the evidence against Justice Sen Gupta strong enough? The strength of the evidence can be gauged from the fact that Justice Sen Gupta was raided and arrested soon after he retired because after retirement, permission of CJI was not required!
There are many more instances when permission for registration of FIR has been denied. Some such cases are mentioned below:
Despite overwhelming evidence, request of the Campaign on Judicial Accountability (represented by Shanti Bhushan, Prashant bhushan, Ram jethmalani, Justice Rajender Sachhar, Indira jaisingh, Arvind Nigam etc) seeking permission to register an FIR against Justice Bhalla of Allahabad High Court is pending before the Chief Justice of India since 2006.
Similarly, the request of Campaign for Judicial Accountability and Judicial Reforms seeking to register FIR against Justice F I Rebello is pending since September 2010. Therefore, the present system of seeking permission from the CJI to register an FIR against a judge of SC or HC appears to have protected the corrupt and encouraged corruption in higher judiciary.
CASE LAW & OPINION ON THE ABOVE MATTER REQUIRED.
Thanks.
A. A. JOSE
(Expert) 22 August 2011
Our existing Judicial, Constitutional and Political systems & procedures have ensured total promotion and protection of corruption and corrupts and our country has been experiencing this bitter truth ! A stage has now reached that now it is no more bearable and that is why the Fight Against Corruption and the unprecedented compaign for Jan Lok Pal under the leadership of Gandhian Anna Hazare have received overwhelming support from the Indians throughout the world. BY THIS I MAKE AN EARNEST APPEAL TO ALL FRIENDS IN THE LAWYERS CLUB ALSO JOIN THIS CAMPAIGN AGAINST CORRUPTION AND LEND HELP AND SUPPORT TO ANNAJI.
