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Shailendra prasad singh (Lawyer)     14 November 2010

Corruption: PERJURY : Perspectives and Responses in the Indi

Hello to all

In his inaugural address, Mr. Justice Aftab Alam, Hon’ble Judge of the Supreme Court of India, mentioned a few cases of perjury. He expressed his deep anguish and pain at the lack of steps initiated to control this vicious crime being committed fearlessly and regularly in the courts.

It is an established fact that the Judiciary depends on inputs (written statements, evidence) and other material facts to decide the merits of a case. These are thoroughly analyzed by Judges and    judgment is pronounced. An old saying goes “garbage in, garbage out.” If the Judges allow false testimony to be recorded as evidence, can true Justice really be delivered in such cases?

Judicial officers are very astute. When some lawyers tell their clients to make false statements or submit false affidavits, experienced judges can see through this game being played in their courts. However, one rarely notices courts ordering the registration of a case of perjury. Inaction against wrong doers will invariably encourage others to commit such illegal acts in the courts. Serious consideration needs to be given to the fact that the initiation of criminal cases against perjurers would result in long-term gains. Fear of registration of cases for perjury will discourage false litigants / witnesses thus leading to a reduction of cases in courts.

Nobody knows how many innocent persons may have been convicted on the basis of false testimony. Yet, no court has issued directives for retrial or even an investigation into these cases. It shows that the Judicial system, the last pillar of HOPE in a civilized society has thus become “HOPELESS” for those without money, power or influence.

One of the most frequently used words in India, corruption signifies a range of things. In 2005, Transparency International and Delhi based Centre for Media Studies, a research firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20 states and included interviews with service providers and users (of these services). The results, published the same year said Indians pay out around Rs. 21,068 crore as bribes while availing of 11 public services. While some of the results of the survey were published, many of the details were not. The study, however, remains the most recent and the most comprehensive report on corruption in India. Apart from calculating the extent of corruption, in Rs. crore, it explains the mechanics of it.

The sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials.

                                            Express your self.



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 1 Replies

Democratic Indian (n/a)     14 November 2010

This is happening, and most unfortunate.

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