Sunday, 20 July 2014

How a corrupt Judge continued in the Madras High Court

There was an Additional Judge of the Madras High Court against whom there were several allegations of corruption. He had been directly appointed as a District Judge in Tamilnadu, and during his career as District Judge there were as many as 8 adverse entries against him recorded by various portfolio Judges of the Madras High Court. But one Acting Chief Justice of Madras High Court by a single stroke of his pen deleted all those 8 adverse entries, and consequently he became an Additional Judge of the High Court, and he was on that post when I came as Chief Justice of Madras High Court in November 2004.

That Judge had the solid support of a very important political leader of Tamilnadu. I was told that this was because while a District Judge he granted bail to that political leader.


Since I was getting many reports about his corruption, I requested the Chief Justice of India, Justice Lahoti, to get a secret IB enquiry made about him. A few weeks thereafter, while I was in Chennai, I received a call from the Secretary of the CJI saying that the CJI wanted to talk to me. Justice Lahoti then came on the line and said that what I had complained about had been found true. Evidently the IB had found enough material about the Judge's corruption.


Since the 2 year term as Additional Judge of that person was coming to an end I assumed he would be discontinued as a Judge of the High Court in view of the IB report. However what actually happened was that he got another 1 year appointment as an Additional Judge, though 6 other Additional Judges who had been appointed with him were confirmed and made permanent Judges of the High Court.


I later learnt how this happened. The Supreme Court Collegium consists of 5 seniormost Judges for recommending names for appointment as a Supreme Court Judge, and 3 seniormost Judges for dealing with High Courts.


The 3 senior most Judges in the Supreme Court at that time were the Chief Justice of India, Justice Lahoti, Justice Sabarwal, and Justice Ruma Pal. This Supreme Court Collegium recommended that in view of the adverse IB report the Judge should be discontinued as a High Court Judge after his 2 year term was over, and this recommendation was sent to the Central Government.

The Central Government at that time was the UPA Government. The Congress was no doubt the largest party in this alliance, but it did not have a majority in the Lok Sabha, and was dependent on support by it allies. One of such ally was the party in Tamilnadu which was backing this corrupt Judge. On coming to know of the recommendation of the 3 Judge Supreme Court Collegium they strongly objected to it.
The information I got was that Prime Minister Manmohan Singh was at that time leaving for New York to attend the U.N. General Assembly Session. At the Delhi airport he was told by the Ministers of that party of Tamilnadu ( who were Congress allies ) that by the time he returns from New York his government would have fallen as that Tamilnadu party would withdraw support to the UPA ( for not continuing that Additional judge ).


On hearing this Manmohan Singh panicked, but he was told by a senior Congress minister not to worry, and he would manage everything. That Minister then went to Justice Lahoti and told him there would be a crisis if that Additional Judge of Tamilnadu was discontinued. On hearing this Justice Lahoti sent a letter to the Government of India to give another term of 1 year as additional Judge to that corrupt Judge, ( I wonder whether he consulted his two Supreme Court Collegium members ),and it was in these circumstances this corrupt Judge was given another 1 year term as Additional Judge ( while his 6 batch mates as Additional Judges were confirmed as permanent Judges ). 


The Additional Judge was later given another term as Additional Judge by the new CJI Justice Sabarwal, and then confirmed as a permanent judge by the next CJI Justice K.G. Balkrishnan, but transferred to another High Court.

I have related all this to show how the system actually works, whatever it is in theory. In fact in view of the adverse IB report the Judge should not even have been continued as an Additional Judge

72 comments:

  1. Congratulations to you for stating the truth. Political interference in judiciary seems to be at its worst in Tamilnadu, supposedly an advanced state.

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    1. Absolutely, i can quote a few incidents.
      1) A few years ago during the Srilankan issue the Judges of Madras HC were allegedly beaten by the police, and there was a fight between the lawyers and the police withing the HC.

      2) There was also another incident few years ago, A judge of Madras HC disclosed that he would not like to hear a bail petition in voew of the alleged threat from an MP.

      3) Even a reasonable Judges seems to succumb to some pressures.

      an many more

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  2. thanks for bringing true story in the light, this article also throws light on how and why Cong Govt ignored corruptions in 2G, they did crime towards nation just for lust for power, Manmohan sigh was equally guilty

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  3. satyame jeyam.great in bringing out the truth

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  5. Great sir....we are proud of u.....

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  7. Good that you brought it up. This brings out how even a supreme court judges faces an immense pressure due to the corrupt political environment. This needs to be changed. Thanks Sir. Jai Hind.

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  8. This kind of revelation only undermines the common mans faith in the judiciary. Even after this "revelation" nothing is going to be done against all these people.

    Will this corrupt judge ever be put in prison let alone the politicians who supported him. So what kind of a message are you sending sir? As a common man, if i cant trust the judiciary what can i do?

    Satyagraha by Anna hazare got us zilt. Violence will get us nothing, as evidenced by the many years of naxal atrocities. My question to your honor is, what is the way forward?

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    1. Those TWO matters and this one is different.
      Here IB, Govt, Group of Highest Judges in there to do testimony.
      Let us See! For the sake of humour I can say that the 10% 'non-idiots' are creating a cry over that 90%! Proving that 10 is 90!

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    2. it is true really

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  11. Those judges now should be pulled up and punished

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  12. There we go, we have had ONLY judicial institution the country believed in, BUT you judges made it mud !!

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  14. My heartiest felicitations to Justice Katju who deserves to be warmly commended. As the son of a judge myself,I have watched with increasing sense of dismay the erosion of prestige judiciary enjoyed during the days of my father more than 50 years ago. As a qualified barrister (I have never practiced in India),I can state that nothing is more predictive of the impending doom faced by a nation than compromised judiciary which does not kindle spontaneous confidence.It is a matter of fact that certain appointments have raised hackles. Who can forget the national uproar when a powerful politician's son facing charges of murdering a bar hostess was acquitted in the sessions court . People would also recall that the judge who acquitted this rogue was immediately raised to the High Court. It may well be a sheer coincidence but we would be lying if we do not accept that many did feel uneasy over this development. Their unease was not allayed when the same High Court to which he was elevated decided to look into the acquittal suo motu and after a detailed hearing ruled that the acquittal was 'immature and unsustainable.' The sad fact is that many concerns have been raised about the lower judiciary which have for some reason not been addressed. And one does not have to go to Tamil Nadu to witness this-a metropolitan magistrate in the capital was reported dozens of times for egregiously ignoring Apex Court directives concerning grant of bail and making ludicrous rulings which were identified as ludicrous by the High Court-on six occasions he was upbraided for making rulings that were 'self contradictory and self defeating' but that did not impede his progress to the CJM and later ASJ positions. Another ASJ was upbraided in no uncertain terms by Justice JD Kapoor-he was elevated to the High Court within six months. Another District Judge in the capital was ordered by Justice VB Gupta to register for a refresher course in CrPC so deficient his understanding appeared to be. He appealed to the Apex Court pleading that while he may have been wrong ,this ruling would ruin his career.I should like to state here that he was under obligation to uphold justice which he did not and seemed only concerned about his career rather than the harm he had caused. The Apex Court severely admonished him while setting aside this ruling. I have myself in the last six months witnessed a totally unacceptable display of sneering arrogance by a CJM which in my view demeans the judiciary. A 95 year old person,regarded as one of the top nutritional scientists in the world and holder of numerous international awards was summoned as a witness.He sent in a medical certificate indicating that he had now moved to Chennai and was completely bedridden and pleaded with the court to accept a sworn deposition instead. The CJM retorted-Is namaqool se keh do ki main uske kaan pakad kar use yahan bulwaunga! Then he started questioning the academic qualifications of a lawyer calling him 'awwal daze ke bewaqoof'. The CJM has now been promoted as ASJ! Clearly the supervision of lower judiciary is not taking place as it should! I am tempted to recall a great Chief Justice during my father's time viz. Justice MC Desai,ICS. He came to know that a musif had called someone a 'gadha'. So furious was he that he summoned this judge and ordered him to apologize to this man in an open court. Those were the days!

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    1. I appreciate your sentiments. Unfortunately, we have regressed too far to respect and act on such noble cries in wilderness.

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  16. Dear Sir,
    First of all kudos for bringing this to light. At least we know how politicians arm-twist the whole system.
    I cannot imagine the kind of politics being played by political parties for achieving their ends. People should know the truth.
    And coming to walking out of Interview, i strongly support you. News channels are interested in tamasha rather than uncovering the truth, these sessions are full of accusations, mud-slinging.

    Regards,
    A common man

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    1. Yes, ;) a suo-moto case shall be taken up against puppeters who pulled strings of puppets (week Govt. & spineless judiciary), and the puppets who are not supposed to be puppets but to strong willed govt pillers of legislature, and justice.
      Lets hope CIJ takes SUO-MOTO cation against puppeters and Ex-PM, Ex Law ministers, and Ex-CJIs. They will not take as they do not do justice but do service to earn their bread like a common servant of India, as U/s 20 a servant can not file a case against the Govt/employer and to criticise its decisions.... WE HAVE TO DO A THOROUGH OVER HAUL OF ours rules & regulation which are redundant now,.

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  18. DMK and Congress... God save us!

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  19. यह तो अभूतपूर्व लिखा आपने मान्यवर! ब्लॉग लेखन की उपयोगिता और सार्थकता इसी प्रकार के लेखन से है।
    जय हो!

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    1. NO one can file a FIR against the JFMC forget a judge, as they are previleged and above the law of land. Tell me any example in history of india - a FIR or case is filed against any judge. At the most a personal complaint to High court, in case of lower judicary JFMC, and juges/ and for High court judges complainr can be given to CJI in supreme court. BUT then nothing happens... Not a single example that CJI and chief justice of any high court cite that they have taken any punitive action against erring JFMC/judges. They sweep dust below carpet, and when it stinks too much they transfer that JFMC/judge. in worst cases they persuade to culprit andcorrupt judge to go in voluntary retirement so judiciary vcan avoid embarassment.
      We all believe that judiciary is independent and judges are dharmadhikari... but real face is most dreadful... and onl;y JUDICIAL ACOUNTTABILTY can make it happen by imposing LAW OF LAND FOR ALL... The JFMC/judges must face similar punishment... I will 4 times than a common man get in case they are found standing on wrong foot.... Any buyer... please endorse.

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  21. Oh God save us.

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  22. Whether any significance for the GOI's motto sathyameva Jayathe?.

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  25. Also Read: Judge transferred after passing order against Rajasthan state government http://pressreleasewatch.blogspot.in/2014/07/judge-transferred-after-passing-order.html

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  26. Sir,
    First, abiding by Article 18 of the Constitution of India, I am not using the Prefix ‘Justice’ before the names of retired Judges of High Courts & Supreme Court, please.
    When Mr. Lahoti was CJI (by virtue of the said position, he was also Chairperson of Supreme Court Legal Services Committee) it was reported in writing to him that an Advocate-on-Record who was on the Panel of Advocates maintained by the said Committee, had wrongfully (also in breach of Code of Professional Ethics prescribed by Bar Council of India, and also upheld by Supreme Court) forced the Litigant whose matter was assigned to the said Panellist, to pay for the Typing & Photocopying Charges amounting to about Rs.6,000 -- moreso, the said Advocate neither drafted nor signed any of the Pleadings on Record; yet the said Advocate-on-Record (an Officer of the Court, who is appointed by a judicial Order passed by Hon’ble Chamber-Judge) pocketed the entire money which he received from the said Committee as reimbursement plus his Fees, without paying the aforesaid Rs.6,000 to the said ‘State-Aided’ Litigant. But the then CJI neither directed the said Lawyer to pay to the Litigant the Moneys that the Advocate held in a ‘fiduciary’ capacity, nor did the CJI initiate any action (e.g. reporting the matter to Bar Council) against the said Lawyer.
    The CJI is also ex-officio President of Indian Law Institute (ILI is a ‘deemed’ university); it was reported to Mr. Lahoti by a Life-Member of ILI that he was asked to deposit his briefcase at the counter provided at the entrance to ILI’s Library (no token is issued for keeping personal bags at the Counter) -- his Mobile (Cell-Phone) was left inside the said briefcase so as not to disturb the readers in the Library which is often visited by High Court Judges. On his return, he found the Cell-Phone missing (a Cell-Phone used to cost nearly six thousand rupees in those days) and he reported the matter in writing to the then President of ILI (namely, Mr. Chief Justice Lahoti, CJI); moreso, his said Application was accompanied with two Affidavits signed by the Staff of ILI that they had heard a Mobile ringing in the said briefcase which was lying at the said Counter when they happened to pass-by. But Mr. Lahoti neither directed the Registrar of ILI to file any FIR regarding the said Theft, nor did he direct the ILI to compensate the Member for the LOSS suffered due to negligence of the ILI in keeping the said Counter unmanned.
    Contd...

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    1. Mr. Lahoti neither directed the Registrar of ILI to file any FIR regarding : To avoid embrassment he concealed the crime in temple of justice -;). When a CJI does it is OK... but a common man got 6 months jail for not filing FIR, of unlawfully with hold security checks by a scrupulous builder, in police in a NI-138 case decide by JFMC panaji.
      So law is different for common man and to judicial officers..

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  27. ...Contd.
    The aforesaid Advocate-on-Record (a Panellist of SCLSC) was the Standing Counsel for the State of Delhi in a ‘Pollution Matter’ filed by MC Mehta against such Industries in Delhi as were releasing ‘untreated’ Industrial effluents into sewerages that emptied into the river Yamuna; under the relevant Act, these industrial units were liable to pay Monetary Penalty on per diem basis. The said Panellist ‘unethically’ colluded with some of the Associations of these industries in order to defeat the Aims & Objects of the said Act and to mislead the Supreme Court in that he, having insider knowledge of the workings of the State Government (as its Standing Counsel), drafted the Counter-Affidavit for these Parties and got it filed through another AoR whose personal matter had been assigned to the said Counsel by the SCLSC [needless to say, no Fees was paid by the said unscrupulous Lawyer to the AoR; moreso, he even failed to prepare and argue that AoR’s personal matter (supra) properly].
    When the said AoR came to know of the aforesaid collusion, he moved an Application before Hon’ble Division Bench hearing the said ‘pollution matter’ (it was Presided over by the then Justice Sabharwal) for ‘permission to withdraw his Vakalatnama’ on the grounds of the said collusion -- copies of the said Application were served upon the aforesaid Associations of Industries who were also present in Court when the said Application was heard and they did not file any Counter-Affidavit to deny the averment about the collusive-drafting of the aforesaid Counter-Affidavit by the said unscrupulous Lawyer; moreso, there was no oral denial either even during the hearing. Hence, the said AoR was allowed to withdraw his ‘Vakalatnama’; the said unscrupulous Lawyer had already been removed by State Government as its Standing Counsel. Mr. Justice Sabharwal, like Mr. Chief Justice Lahoti, did not direct Bar Council of India to initiate Disciplinary Proceedings against the said unscrupulous Lawyer who was involved in both the aforementioned cases.
    Thus, as observed by your goodself in a matter that came before Supreme Court from Allahabad High Court, certain Lawyers get undue favours under the ‘Uncle syndrome’.
    Regards,
    A 1971-War Veteran

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  28. IF THESE POST AND REPLIES ARE READ PERSON WILL FEAR FOR DOING A WRONG THINGS IF THE GOVT. IMPLEMENT RULES AND REGULATIONS IN PROPER MANNER THEN NO ONE WILL MISUSE HIS AUTHORITY AND POWER. PLEASE NOTE THAT DISCIPLINE HAS TO BE INCULCATED, CHARITY ALWAYS BEGINS FROM HOME

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  30. Sir I appreciate your findings. and request you that please go through the appointments of kerala judges also. many are transferred from kerala to other high courts chief justice, then promoted as supreme court judges were corrupt and did many favourable decisions to congress led governments and its corrupt leaders. later they are compensated with heads of different govt bodies.

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  32. Hari vasudevan22 July 2014 at 16:45

    I have a humble suggestion: Please expose the corrupt judges from Supreme court to Magistrate Court in the present time- if any honest judge found these kinds of practises by remaining Anonymous , pass information to the media who has a trusted trak record of fighting against corruption, only then....only then... the justice/s will think twice before they take any decision. Jai Hind

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  33. One can now understand how other states (especially kerala) are losing all the interstate dispute cases in higher courts of the country.

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  34. Good that you exposed how Puppet Manmohan Signh's Govt influenced judiciary in their favour to retain power by buckling down to DMK pressure in appo9nting corrupt judge.I think you have exposed this now keeping in mind the NaMo govt will clean up judiciary.Well done.By the way, Can you please unblock me on Twitter @amdhananjay Thanks:-)

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  36. Thank you for exposing the tactics of the Tamil Nadu Government with which they get Supreme Court Decisions in their favour, including the one recently favouring them in the Mullaperiyar Dam case. Money power gave way to common sense in this case. Palaniappan Chettiyar (Chidambaram) had assured the Congress Party Members in TN more than two years ago that he got assurance that the Supreme Court would issue a verdict favouring Tamil Nadu in the Mullaperiyar case. How did he knew more than two years ago, that such a verdict was going to come? We now know this was the way they were influencing Court verdicts in their favour.

    Mullaperiyar Dam which was built with mere lime and slurry over one and a quarter CENTURY ago was found to be 'FIT" by these so-called Expert Committee and Judges! I fully appreciate the need of our brethren in Tamil Nadu for water, but at least a new dam should have been ordered to be made in place of the existing old one, so that Kerala water can continue to flow to the needs of Tamil Nadu. More than 500,000 people living downsteam of Mullaperiyar are living in sheer fear. Will Palaniappan or Kumari Jeyalalitha or the Supreme Court Bench be responsible for any eventuality in Mullaperiyar?

    Justice Katju’s “revelation” again shows how CORRUPT are both DMK and AIDMK.

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  38. My Name is Murthy and I live USA.
    First of all, I have learned this Blog from this recent Controversy. Second, I demand that the Anonymous persons develop Courage to post your Name. Politicians use such people's fear as weapons for their arsenal to Corruption. I congratulate Mr. Katju, for having written about this and stood by the Trial of Media, a modern-weapon to fight the corrupted politics. We don't need new Laws in each and every corruption cases. Its the ignorance of Enforcing Authority Inspectors and Sub-Inspectors they were not trained enough when the population kept going up since 1960s from 30 Crore to 120 Crore, which Politicians took control of their powers over a period of last 30 years or so. I remember, an old lady made a complaint to police some 35 years back in my rural village and the police arrived within 1 hour taking a local bus, to investigate of a minor threatening of life. I don't think this can happen today without a Bribe or without an influence. I hope those days return back. -murthy

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    1. Mr. ["Anonymous"] Murthy who live in the USA

      Why do you "demand" other 'Anonymous persons develop courage to post their names'? You also posted as "Anonymous" and how does anyone know you are "Murthy" living in the USA? You should have been posting from your own ID if you were serious.

      Best regards, Mr. Murthy.

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    2. Here I am Mr. Anonymous. I am here too, I forgot my id.

      Delete
  39. I was once introduced to a Clique of Supreme Court Lawyers that worked in a novel way to curry favours with certain judicial officers in order to obtain favourable Orders for their Clients, without appearing to ‘offer bribes’ -- this is how the Clique worked:
    About 20 Lawyers decided amongst themselves to host a ‘bash’ (drinks-n-dinner) party once a month in each Member’s House, turn-by-turn, and the Host was to foot the Bill -- thus, each Member would bear the costs of Rs.50-55 thousand once only in 20 months but, could enjoy the bash every month. And certain Judges were repeatedly invited to the bash every month -- so as to develop a bonhomie, affinity and familiarity amongst the Attendees; whenever any of these Lawyers appeared before any of the said Judges, he/she expected at least a patient hearing and, probably, a favourable response.
    Certain other Lawyers floated “International” Associations of Lawyers etc, and assumed an important ‘office’ therein; the Association (read ‘the said Lawyers’) would organise a mini ‘Conference’ abroad every year during the Summer or Winter vacations, and invite a few Judges to the same -- all expenses paid (inclusive of air-fare, hotel accommodation, boarding, laundry, local transport and, sometimes, ‘shopping’). Result? As expected!
    A few Lawyers curried favours with some of the Journalists who covered Legal Affairs -- whenever these Advocates obtained favourable Orders from any Court, the News would appear in the concerned Daily in a highlighted fashion (e.g. on Page 1, or highlighted by a Box/Outline around that piece of news etc) plus the Name of the Lawyer thrown-in a couple of times. This is an indirect ‘advertisement’ to defeat the Bar Council of India’s Rules. The same effect is gained these days by being invited to a ‘Discussion’ on any TV News-Channel wherein he/she is labelled as a “leading lawyer” by the Anchor.
    A 1971-War Veteran

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  40. A corrupt fellow as alleged was made a Judge, who is no more. Why should pension be given to his family when he had already amassed wealth by corrupt means. Govt should take action retrospectively to save money to the ex-chequer and also probe the beneficiaries of corruption and take action against them as it is clear that many in the judiciary are in the know of his corrupt practises.

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  41. Sharad Tripathi23 July 2014 at 17:21

    Sir,
    Any comments why did CJI, Justice Lahoti, give the additional term to that judge?? Was this constitutional? Or he fell prey to Congressmen and allies? Or he was also facilitated for this act of kindness? Or something else worth mentioning further?

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  42. Ordinarily, only such matters are heard during the ‘Vacations’ as need URGENT Interim Orders; moreso, Regular (Admitted) Matters are not heard during Vacations unless such an Urgency is shown by one of the Litigants and the nature of such Urgency is also recorded in the Order listing the matter for hearing. In any case, no Regular Matter is heard without Notice to the Opposite Party. But a Regular Appeal was not only heard, without such Notice to the Petitioner, but also dismissed against the Petitioner to whom no Notice was served, by a Vacation Bench (at the instance of the State Government) with the following Order:
    “It is reported at the Bar that the concerned Appellant who is also an Advocate-on-Record of this Court is no more … In view of the death of the concerned person the matter has become infructuous ….”
    Firstly, the Court ought to have asked the Bar Association, of which the said Advocate was a Member, to place on record a copy of the Minutes of Condolence Meeting convened in respect of the said Advocate or, at least, a copy of the Notice that such a Meeting would take place; an Advocate-on-Record, being an Officer-of-the-Court, the Registrar General of Supreme Court ought to have been summoned to confirm or deny the alleged death. In any case, the said Advocate-on-Record himself wrote to the Chief Justice of India to the effect that he was alive and further that his Name was being shown as present in, at least, a case which pertained to the Trust constituted in the memory of a Late High Court Judge -- the said letter was reportedly written about two years ago, but the impugned Order stands to this day!
    A personal matter was being argued before the then Justice (now Late) JS Verma, in Supreme Court, by an Advocate and till then there was no written Rule nor Act nor a Judicial Decision (Judge-made Law) about the dress-code for an Advocate who was appearing in-person; the said Judge said, “Have you not read in the Newspapers how strict I am about the Litigant’s Dress?” (The said Judge had reportedly pulled-up a Chief Secretary for appearing in a half-sleeves shirt!). The Advocate politely enquired as to why was a Military or Police officer allowed to appear in uniform in a personal matter, but an Advocate cannot? Upon being ‘questioned’ the said Judge became visibly annoyed and, despite repeated pleas by RK Jain (who was at that time President of Supreme Court Bar Association) to adjourn the matter so as to allow the tempers to cool down, the Judge stuck to the decision that he would dismiss the Advocate’s Petition without hearing it on Merits! After his retirement from service, the said ex-Judge wrote from a relative’s house in Ghaziabad to the Presiding Judge of Family Court in Dehradun (Uttranchal) to help out a woman-employee of Syndicate Bank, Ghaziabad! Is ‘Propriety’ enforceable only against the lowly staff?
    In yet another matter the then Justice SN Hegde showed undue favours to a litigant who was a woman-of-easy-virtue, by permitting her to retain Government-funds to the tune of Rs.60,000 -- which she had obtained on the strength of a 'bogus' Surety; recoveries against her were allowed to lapse by the State, Registrar General of Supreme Court and the concerned Bench.
    There are several matters in which certain other Judges (including Mr. SN Hegde, Mr BP Singh, Mr S Kumar &c) palpably, on the face of record, passed either mala fide (motivated and/or biased) Orders and Judgments or knowingly caused 'miscarriage of justice' to occur/continue, or showed undue favours to certain litigant(s) [especially a woman-of-easy-virtue] by permitting her to obtain Government-funds to the tune of Rs.60,000 on the basis of a 'bogus' Surety and then allowing recoveries against her to lapse, or fancifully changed even the facts of the case before them, etc.

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  43. The Framers of Constitution of India hoped that, by introducing certain checks-n-balances amongst the three Organs of the State, each Organ could be made to act as a ‘Watchdog’ over the functioning of the other two -- so that each of these would prevent the misuse of powers by the other two Organs. But little did the Fathers of the Constitution that all these Organs would collude to destroy the rights and/or reasonable expectations of the common man.
    The People of India, too, ardently hope that by electing a new Party at the hustings (which occur once in 5 years or so) they could change the way they are governed and bring in an honest -n-transparent Party or Government. But the only thing that actually changes is that the erstwhile ‘bribe-takers’ now become ‘bribe-givers and commission-takers’ -- the ousted ‘governors’ now sit in the ‘opposition benches’, pay bribes (on behalf of their followers) to members of the ‘ruling party’ and take their owns commissions/ cuts out of these bribes; this is the way the losing Candidates recover their election-expenses and also survive when not in power -- in fact, they are ‘netas’ by profession and politics is their only source of income as well as social ‘status’.
    Once I asked a Students’ Union President of Tibbia College of Ayurvedic & Unani Medicine (Delhi) as to why the Candidates for the said post spend thousands of rupees on the Union-Elections -- in those days ‘thousands of rupees’ were equivalent in value to lakhs today. He replied that the local residents who need help from local police in settling their personal disputes, approach the Union’s President to act as middle-man, and the bribes are paid to the local Station House Officer through the said President who takes his own cut. This is how budding politicians are initiated into the art of ‘financially viable politics’.
    Although Mr. Katju has not named the ‘politician’ who assured the PM that things would be taken care of, we all know that it was HR Bharadwaj. Moreso, as a Law Minister, he appointed many Brahmins as ‘Standing Counsels’ -- so much so that an ex-President of Ghaziabad Bar Association was allotted briefs for the Supreme Court, whereas the said Lawyer had never practised even in a High Court. An Assistant Secretary of Congress’ Legal Cell was allotted a Chamber in Supreme Court -- whereas he had not filed the requisite number of matters (20) in the Supreme Court during the concerned year; matters in which a Lawyer appears as a ‘junior Government Counsel’ -- that is to say, not as an Advocate-on-Record, are not counted).
    A 1971-War Veteran

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  44. thanx for sharing blog about "How a corrupt Judge continued in the Madras High Court".

    Corruption matters advocate

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  45. This is just one case. One can see such things happening in all government sectors including the much coveted scientific ones. The powerful have a way of spreading a fear psychosis in the employees. People in service are unable to speak out. Every check and balance can be manipulated by the top. Every committee can be manipulated. Its the hard reality. The result is less than mediocre rising and sitting on the tops promoting even more low calibre people. India is in a vicious spiral of self destruction.

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  46. syama sundara rao S/o markandeyulu ,mobile : 09490 75 6969, andhra pradesh27 July 2014 at 14:00

    Thank you my dear courageous, honest son of mother India, honorable justice sri Markandey katju.
    Live long revealing so many truths and empowering people. Hats off to your daring and for walking on earth unlike many.
    I cordially, wholeheartedly invite your statement "In a democracy it is the people who are supreme, all authorities - president, PM, chief justices of India, judges, ministers - are nothing but servants of the people. People are the masters, we are all their servants. The master has the right to know how the servant is functioning."
    It is true.
    Now, as a Indian citizen what should I do to reform the judiciary and liberate malpractices in it at grass root level .can you kindly guide me sir. If you guide people how to reform as individual the system
    It is helpful. What right a citizen have to comment judges for their misdoing, if people know, it is possible to improve the situation.
    when I was 24 years old ( the year1985) I have met one ex-president of India in his compound before house and requested him that I want to discuss about some problems in India specifically unemployment and corruption in india and for possible solutions. He rejected very bluntly stating “you are very young .you should not ask like this .you are not fit to discuss such big issues with me .You just fit for only to take darshan of me and do namaskar and go , not for discussion with such big man like me.”
    Then I have left the place desperately, murmuring myself, “Because such a man headed the highest post in India, the plight of India is like this.”Even his gunman received and allowed me respectfully when I told him my purpose of visit is to discuss about the unemployment problem in India.
    I know what I am and my caliber. And I know what the president of India mean as a science graduate at that time very well.
    I have seen such a president in India, with the same eyes I have seen president, Abdul kalam .How much is the difference? Honorable ex-president Abdul kalam penetrated through millions of teenage students to discuss and to educate them about India. Where as a young man of 24 years old age, when approached of his own, rejected by one ex .president as stated above.
    At least at this juncture, they should first , admit their mistakes before their parents ,next, the judges who do not have guts to oppose the government decision should resign, if they held any post now. Or they should limit their desires if capable. If not, they should fulfill all their desires within a week time and then should become sanyasis. Then only people honour them .It is true. At least now they should realize that man is mortal but one should transmit values. Indian people honor whole heartedly true sanyasi but not kings. Because true sanyasi is a man of universal welfare, not a dustbin of desires.
    People have lot of expectations on judges. They are gods in the eyes of public. And hence they have to be so.


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  47. Under the Notary Act 1952 and Notaries Rules 1956, the Notary’s Fees have been statutorily fixed at Rs.20/- per Affidavit; as such, the Fees charged by Oath Commissioners for attesting ‘Affidavits’ cannot exceed the same (i.e. Rs.20/-). But the High Court of Allahabad is selling COUPONS @ Rs.31.50 per Coupon, and the Oath Commissioners are informally (infra) required to affix these Coupons on the Affidavits attested by them.

    In actual practice, Oath Commissioners are charging between Rs.50/- and Rs.60 per Affidavit and, at times, even more -- instead of the statutory Fees of Rs.20/- or even the cost of the aforesaid Coupon which is Rs.31.50. They are doing so on the ground that the proceeds from the aforesaid Coupons are shared amongst all the Oath Commissioners on High Court’s Rolls (infra) PLUS by certain Members of High Court’s Staff PLUS the concerned Bar Association etc (please see below for details of ‘etc’) and, hence, only a minute portion of the proceeds from the said Coupons is paid to those who actually ‘attest’ these Affidavits -- that, too, it is paid at the end of the month whereas the Oath Commissioners have to purchase these Coupons in Advance. Needless to say, the said Charge of Rs.60/- per Affidavit grossly violates the Notary Act and the Rules framed thereunder(which prescribe only Rs.20/- as the Statutory Fees for Attestation). The Author has sufficient documentary and photographic proof of such illegal charges.

    Members of High Court’s Staff are appointed as VIRTUAL (ghost) Oath Commissioners, BY ROTATION, and do not actually ‘Attest’ any Affidavit -- thereby, violating the CCS (CCA) Rules in that the said Staff is being paid a Remuneration that they have not earned or worked for. On the other hand, the PRACTISING Oath Commissioners have to actually sit in the court-premises and carry out the actual attestation work. The Funds so collected, amounting to more than Rs.25,000 to Rs.30,000 per diem at both the Benches of the High Court, are kept in the custody of High Court’s Cash Section as a NON-PUBLIC FUND (infra). The residual portion of these Funds is appropriated by certain Section(s) within the High Court and District Courts.
    However, it is NOT TRANSPARENT as to how the INTEREST earned on this huge amount (infra) is accounted for -- the ‘proceeds’ from the sale of Coupons is not, strictly speaking, a ‘revenue’ (which can be earned only under a ‘Taxing Statute’) of these coupons exceeds more than Rupees One Crore per mensem (if both the Benches of High Court and all the District Courts in Uttar Pradesh are put together); moreso, these Coupons are sold in ADVANCE. Needless to say, such kind of Funds offer a high degree of temptation towards MISAPPROPRIATION -- and the whole issue might reveal much larger Dimensions, if it is properly investigated by an independent and impartial Authority under the Parliament’s supervision.
    In addition, the operation of an UNAUDITED Non-Public Fund (especially the use of the INTEREST earned out of the sale-proceeds of these Coupons) by the aforesaid Cash Section neither has the ‘Sanction’ of Comptroller & Auditor General of India nor of the Hon’ble Chief Justice of India, nor is there any ‘assent’ of the President of Republic of India. When the Rules of a High Court are inconsistent with the provisions of any Act passed by the Parliament [e.g. inconsistent with the provisions of Notary Act as to Fees chargeable by the Oath Commissioners, or with the CCS Rules (supra)] then ‘assent’ of the President of the Republic of India is mandatory under the Constitution of India.
    Contd. ...

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  48. ... Contd.
    It is said that these Coupons are sold without any supporting High Court Rule by the Finance Section of concerned court (i.e. High Court or District Court) and deposited into ‘some’ NON-PUBLIC FUND which is not audited by the Comptroller & Auditor General of India.

    In any case, the said Fees cannot be levied under Rule 2 of Chapter IV of Allahabad High Court Rules 1952 -- since the said Rule is not a ‘taxing statute’.

    In Ghaziabad the Litigant has to purchase a printed ‘Vakalatnama’ Blank @ Rs.100/- from the District Bar Association before any Advocate agrees to represent him/her.
    The exhorbitant Fees of Rs.500/- per Query/Question charged by High Court of Allahabad also makes the ‘Right to Information’ wholly ILLUSORY (the same goes for TRANSPARENCY in all public-functions as required under the RTI Act 2005) -- whereas the Fees charged by other public Authorities is Rs.10/- (i.e. the Fees prescribed in the RTI Act and the Rules framed thereunder). This fact can be checked from the official website of Allahabad High Court vis-à-vis the website of Ministry of Law & Justice. These unreasonable and inconsistent Rules have also not received the ‘assent’ of President of Republic of India.

    Incidentally, there is neither any Amendment to the Allahabad High Court Rules for authorising the Sale of such Coupons, nor is there any assent of H.E. the President of the Republic of India to any amendment to Allahabad High Court Rules if such an unreasonable Charge were to be authorised therein -- especially when the said Charge far exceeds the statutory Fees of Rs.20.00 prescribed under Parliamentary Acts (Notaries Act of 1952/Oaths Act of 1969) for attesting the Affidavits in a Country where almost one-third of the Population lives Below Poverty-Line (as per the recently announced Criteria) and about half of the Population falls below the ‘multi-dimensional poverty’ (as per Oxford University’s Report).

    Moreso, there is no ‘assent’ authorising any Amendment to the Central Civil Services (Classification, Control & Appeal) Rules -- as applicable to the Courts’ Staff in India, regarding remunerations received by these ‘public’ servants (Government servants) in excess of their Salary & Allowances out of the sale-proceeds of the aforesaid Coupons (without actually performing any additional duty to entitle them to such ‘additional’ remunerations, or allowing them to simultaneously serve two separate Employers).

    The above Amount is in addition to the ‘Court-Fees’ of Rs 10.00 per Affidavit.

    The above Issue might expose a SCAM -- whose ramifications may be many times more serious and wider than the EPF-scam (supra) in Ghaziabad.
    In several instances, Orders dictated in the open court are not signed in Allahabad High Court until the same are revised/re-revised; hence, these are not available to the public (including the Litigants) for several days -- however, these are being signed as if written and signed on the date-of-dictation in the open court, i.e. on the back-date [in one case, the Order was dictated in Court but not SIGNED (I am NOT saying ‘pronounced’ because an Order is pronounced and signed on the same very Date) for almost two months and a half! Several such instances may be found out if surprise checks are made by independent Vigilance Teams appointed by the ‘Committee on Petitions’ of the Rajya Sabha.

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  49. Great point you make there. Very nice POST.. I like your perspective on this subject.


    Recovery Matters Advocate

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