P V Namjoshi (pvnamjoshi@gmail.com) 12 May 2011

Percentage of corrupt judges.

There is no authenticating record on internet to know about the exact percentage of corrupt judges, at every rung of the hierarchy, of judiciary. Any one is at liberty to speak any thing about judicial corruption. If my work in not done I will attribute to the judges about corruption but if my work is done I will say that the judiciary is honest. Thus it is subjective test. Second thing is that there is lot of procedural work to be done by a judge during any trial and it is but natural that practically it is impossible to do such work with perfection also. It is rightly said by Shruti Hassan ‘perfection is myth; it is pointless to hold a mirror to someone’s imperfection’. It has become a fashion in and out side judiciary to blame a judge as corrupt if he has innocently or by ignorance committed procedural mistake or error of judgment. In such cases there are superior courts to correct the mistakes but it is wrong to allege that a judge has committed corruption while exercising judicial discretion.

In fact the system of recruitment in district judiciary is a serious question to which no one has given attention in spite of several suggestions given to the authorities concerned. The size of waste paper basket is not only very big but there are number of such boxes and shredders fitted in such departments. There is also misunderstanding that the persons giving suggestions are of little substance. Secondly training to selected judges and follow up action is too poor. Passing percentage for reserved classes has derogated the quality of the work and such concession to them is contagious disease to other classes of judges. Therefore the percentage of passing the competitive examination should be very high and no concession should be given to any class of the society. Creating sensational atmosphere to trivial news will not improve the standard of the judiciary. The incompetent authorities of high courts’ Registries and of Law departments have no fore-site view and they lack in right perception also. This is also one of the factors to be considered when something is attributed to the district judiciary. By abusing district judiciary nothing will be achieved.

The requirement in judiciary is improvements in it and for that able judges are also required who can give constant & proper training to them. Confidence in judges of the district judiciary is also to be restored and work load should also be reduced.

What is better is judges of probity and who are of high character and have knowledge about the high values in the society should after qualifying pensionary services should get themselves retired and should lead a happy life taking license for legal profession and be sure that they will find themselves not only happy but much superior than the judges before whom they will practice. In present day system, in India, there is no value for good and honest persons and because of the dishonest persons honest persons have to bear insult also. Government should extend the pensionary benefits just after completion of 10 years of services only so that most of judges may find convenient to say good bye to the judiciary. If dishonest persons can rule the legislative and executive then why cannot they rule judiciary? Therefore leave the job for them. Say good bye to judiciary and come out of the golden cage. Know the nature of liberty.

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Bhartiya No. 1 (Nationalist) 12 May 2011

yeah, two judges at jharkhand and 17 of chhatisgarh were forced to take compulsory retirement. They will start practicing in courtd with all retirement benefits. some fast track ADJ at jharkhand were removed since their appt. at 2001 were invalid.

(Guest)

Most of the posts about 90% are grabbed by the so called upper caste Hindus by making their syndicate for favorism to their people and so in the judiciary.

If a list of corrupt peoples can be made it will be seen that the 90% names are from so called upper caste Hindus.

Judges from minority and reserved community never fingered for corruption though they are number is very poor since blockage in their appointments due to favorism by so called upper caste Hindus.

See here too;

https://www.lawyersclubindia.com/news/SC-stays-Allahabad-HC-verdict-on-Ayodhya-title-suit-12801.asp

https://www.lawyersclubindia.com/forum/VERDICT-IS-A-VICTORY-FOR-SANGH-PARIVAR-25717.asp

https://www.lawyersclubindia.com/forum/FAITHFULLY-BIAS-STRENGER-JUDGES-SHUD-BE-REMOVED-4m-JUDICIARY-36694.asp

https://www.lawyersclubindia.com/forum/Astrology-is-a-science-Bombay-HC-31387.asp

https://www.lawyersclubindia.com/forum/Increase-in-retirement-age-of-HC-judges-62-to-65-24741.asp

https://www.lawyersclubindia.com/forum/WHO-IS-CORRUPT-Why-naxalism-terrism-unemployment-poverty--28222.asp

https://www.lawyersclubindia.com/forum/Fix-the-ACCOUNTABILITY-and-RESPONSIBILITY-of-our-servants-31075.asp

https://www.lawyersclubindia.com/forum/I-find-here-SEVEN-YAKCHHAPRASHN-which-no-lawyer-like-to-face-31859.asp

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Sarvesh Kumar Sharma Advocate (Advocacy) 12 May 2011

in the mattar of justis sinha supreme court says that in subordinate courts there more then 80%!

Sarvesh Kumar Sharma Advocate (Advocacy) 12 May 2011

in the mattar of justice sinha supreme court says that in subordinate courts there more then 80%!

Sarvesh Kumar Sharma Advocate (Advocacy) 12 May 2011

Categorized | Misc

Tis Hazari judge pleads for mercy after SC flak

Posted on 11 May 2011 by admin

You have no business to touch an SC order… you should resign, bench tells Additional District Judge Sinha

Mercy, my lords,” pleaded Delhi’s Additional District Judge Archana Sinha in open court on Tuesday.

A seasoned judge at the Tis Hazari courts, Sinha looked confident in the morning. She had not imagined that the hearing before Justices Markandey Katju and Gyan Sundha Misra of the Supreme Court might lead her in tears.

ADJ Sinha was summoned by the Supreme Court to explain how she had dared to “disobey” the Supreme Court in a property-related case.

The case is simple: Uddham Singh Jain Charitable Trust in 1992 refused to vacate the premises located in Central Delhi, rented out to it by Atmaram Builders a decade ago. The latter went to court in 1993 and won the case for re-possession of the property in 2004.

Four years later, in 2008, the Trust lost its appeal when the Delhi High Court confirmed the civil court’s verdict. The matter then reached the Supreme Court, which on October 6, 2010, upheld the earlier judgments and concluded that the tenant, the Trust, should leave the premises by April 4, 2011.

On April 23, 2011, a “brother” of an office-bearer of the Trust moved ADJ Sinha’s court, claiming he was co-tenant and had a right to be heard, too. Sinha promptly “stays” the SC order, bringing Atmaram Builders back to the apex court.

On Tuesday, the Trust, represented by senior lawyers Abhishek Manu Singhvi and Mukul Rohatgi, sought an adjournment and a hearing post the summer vacations in July.

Justice Katju, in reply, gave them “exactly one hour” to vacate the property, saying the Supreme Court “cannot be mocked”.

“Tenant should have vacated by now. We are sending you to jail… vacate by 12.30 am,” the bench said.

At half-past noon, the court took up the matter again, asking senior advocate Dushyant Dave if the premises had been vacated. The court got a positive reply.

Then the bench turned its attention to ADJ Sinha, who was present in the courtroom on receipt of a contempt notice sent on April 25.

“You are not fit to be a judge, you should resign immediately. This is the limit… an ADJ disobeying and overruling a Supreme Court order… You have no business staying a Supreme Court order,” the bench said.

Senior advocate Jayant Bhushan, appearing for ADJ Sinha, defended that “given the circumstances, this was a bonafide order”.

“Oh, you think we are wrong. An Supreme Court order cannot be infructuous. We will suspend you, if not terminate you,” the bench told the visibly shaken judge standing in the aisle.

“I am sorry… I have learnt from my mistake,” ADJ Sinha pleaded, asking for mercy.

“No mercy. You have no business to touch an SC order,” bench said, quashing her stay order as “malafide and void”.

“We feel really ashamed by the allegations against the subordinate judiciary,” said Justice Katju, who after a pause added, “we were about to suspend you, but we have a heart.”

Dave, however, interjected saying that there is a “history” behind Sinha’s official conduct.

“Had it been someone from the executive, you would have sent him to jail. Please send a strong message in this case,” the senior lawyer said.

The bench, in its order, referred ADJ Sinha’s case to the Delhi High Court Chief Justice for inquiry and action.

Source: Indian Express

Sarvesh Kumar Sharma Advocate (Advocacy) 12 May 2011

Supreme Court wants corrupt judges thrown out Gyanant Singh | New Delhi, May 11, 2011 | Updated 09:53 IST Utilities Get social Buzz Relateds •Jurists for reform in judicial system•Nothing neutral about the judiciary•Judiciary must chew on its illsIn a strong message against corruption in the subordinate judiciary, the Supreme Court on Tuesday observed incorrigible judges who were bringing the entire judiciary to disrepute should be thrown out. "A large section of subordinate judges is bringing disrepute to the entire judiciary. We have to hear of judges taking money and can do nothing but hang our heads in shame," a bench comprising Justices Markandey Katju and Gyan Sudha Misra said. "Incorrigible judges should be thrown out," the bench said, while dealing with a contempt petition against an additional district judge (ADJ). ADJ Archana Sinha, who repeatedly pleaded for mercy, had stayed the operation of a Supreme Court order on the eviction of a tenant from a prime property in Connaught Place. "The ( ADJ's) order is quashed as mala fide and void," the bench said, while directing the Delhi High Court to seek an explanation from her. The bench directed the chief justice of the HC to conduct an inquiry into the matter and take such action as he deemed fit. With Sinha's counsel Jayant Bhushan claiming her action was not mala fide, Justice Katju, who initially planned to suspend her with immediate effect, asked: "She sat over the head of the Supreme Court. You want us not to suspend her?" "She had no business to hear the matter. Instead she superseded and overruled us," he said. Bhushan, thereafter, tried to take the court through some documents to show her action was not totally unjustified, but the court was not inclined to consider such pleas. "Once she came to know of the Supreme Court order, all this was irrelevant and she should not have touched the matter," Justice Katju said. "We have to hear of judges taking money. A message has to go. We will not tolerate this," the bench said. At one point, the bench mellowed down when Sinha pleaded for mercy with folded hands. "Hamare pas bhi dil hai (we also hearts too)," Justice Katju said. With the bench deciding to let her off with a written apology, the counsel for the landlord, Dushyant Dave, opposed any leniency for the judge. "Let her give an explanation to the high court chief justice. I believe there is a history behind this. The judiciary gets a bad image because of judges like these," Dave said. Opposing leniency, he said: "If it was contempt by someone from the executive, he would have been sent to jail for this." The bench, thereafter, took a tough stand and referred the matter to the HC chief justice after holding in clear terms that her action was tainted with mala fide intentions.

Sarvesh Kumar Sharma Advocate (Advocacy) 12 May 2011

Corrupt members of subordinate judiciary should be thrown out: SC

May 10, 2011, 08.49pm IST

NEW DELHI: Holding that corrupt members of the subordinate judiciary should be "thrown out", the Supreme Court on Tuesday came down heavily on a woman judge calling her a "super Supreme Court" for defying its order.

"You can't take the Supreme Court as a joke. People are looking at judges with suspicion. Today, all sort of things like 80 per cent of the subordinate judiciary are corrupt are being said, which is very shameful", fumed a two-member bench of the apex court comprising Justice Markanday Katju and Justice Gyan Sudha Misra.

The bench directed disciplinary action against Delhi's Additional District Judge Archana Jain for defying its order and stayed the eviction proceedings against the tenant Udham Singh Jain Charitable Trust, Central Delhi, despite the fact that the Supreme Court in an order on October 6, 2010, had dismissed the tenant's plea.

"Archana Sinha had no business to defy our order and she has become a super Supreme Court", the bench said.

The apex court said it was constrained to say that a certain section of the subordinate judiciary in the country is bringing the whole judiciary of India into disrepute by passing orders on extraneous considerations.

"We do not wish to comment on the various allegations which are often made to us about what certain members of the subordinate judiciary are doing but we do want to say that these kind of malpractices have to be totally weeded out.

"Such subordinate judiciary judges are bringing a bad name to the whole institution and must be thrown out of the judiciary," Jusice Katju, writing the judgement, said.

At one stage, the bench threatened to send the judge to jail and suspend her but after Sinha profusely apologised and pleaded for mercy, after which the apex court decided to refer the matter to the Delhi high court chief justice for necessary action.

"We will send you to jail. We will suspend you," the bench remarked orally. But later it relented and referred the judge's case to the chief justice of the high court.

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Percentage of corrupt judges.

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Categorized | Misc

Tis Hazari judge pleads for mercy after SC flak

Corrupt members of subordinate judiciary should be thrown out: SC

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