Overhauling Judiciary

Eminent lawyer and former Law Minister Mr Shanti Bhushan has raised certain reservation regarding appointment of Justice Mr Dipak Misra as the next CJI upon recommendation of the present CJI. However his appointment has been cleared, so the objections are of only academic value.
 As CJI, the job cut out for Justice Misra is challenging. Judiciary of our country has like other sections of the society too seen fall in standards. The author wishes to point out few pressing problems.
Dubious Conduct
Twelve judges have been recently compulsorily retired by the Government of Jharkhand upon recommendation of High Court. The court has referred to their conduct being dubious. They include District and Additional Sessions Judges among others.
It is possible that similar other dubious judges may have already moved up to the High Court in Jharkhand and elsewhere. The CJI should review background of all judges holding office.
There are instances of inappropriate conduct elsewhere by members of judiciary. Five district judges of Andhra Pradesh were debarred from the first year Master of Law examinations after being caught  copying in 2012.The cheating took place in Warangal. On a tip-off, the controller of examinations and a special squad team swooped down on the exam center. Subsequently they were suspended.
It is necessary to clean up so that citizens are assured of being heard by persons of impeccable integrity.
Defiant Judge ?
The country has witnessed the case of Justice C S Karnan of Calcutta High Court for whom arrest warrant was issued at the instance of Supreme Court. Subsequently the Judge was on run before being caught. This is a serious blot on the judiciary and substantiates that all is not well. He has been labeled as being defiant. A closer look is necessary.
Is there any merit in claim made by Justice Karnan that he has suffered on account of being a Dalit ? He had been making such claims since 2011. Nation needs to know this.
Absenteeism in courts and frequent adjournments are delay tactics frequently used to sabotage speedy justice. These can be remedied through simple administrative steps.Baby steps for overhauling judiciary is not visible.
Restoring confidence of citizens in judiciary should be a top priority. Those with money power should not be able to manipulate judicial process while the poor suffer.

More By  :  Navin Chandra Mishra

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