No investigation of sitting judges in India? CJAR to challenge Supreme Court order on "corruption" in top achelons

By Our Representative
Well-known legal rights group, Campaign for Judicial Accountability and Reforms (CJAR), has declared it will challenge the Supreme Court decision to impose a fine of Rs 25 lakh, even as dismissing its petition seeking judicial probe into corruption at the higher layers of judiciary as "mala fide", intended to "defame" the Supreme Court.
In a statement, CJAR, which is led by top Supreme Court advocate Prashant Bhushan, has said that order, delivered by a bench consisting Justices RK Agarwal, A Mishra and AM Khanwilkar, "will not deter CJAR" and it will "challenge the order and fight it tooth and nail through every legal channel and remedy."
"We will be filing a review petition. This judgement is only going to strengthen the Campaign and energise us to carry forward our efforts and campaigns. We will also put forth our demand for an independent probe into the allegations of conspiracy and corruption through all available forums", it says.
"Strongly" disagreeing with the apex court order, CJAR says, the writ petition had sought "a fair and impartial investigation into the allegations of bribery of judges of the higher judiciary", pointing towards CBI investigation against Prasad Education Trust, especially the "criminal conspiracy" to pay large sums as bribes to "procure a judgement in favour of a medical college from the Allahabad High Court and the Supreme Court."
"As is widely known, the process for granting permission to private medical colleges has been steeped in corruption", averred CJAR, adding, "In this particular case, the Prasad Education Trust was seeking relief against the decision of the Medical Council of India (MCI) to deny medical college permission."
In fact, says CJAR, MCI had sought to "confiscate the caution money of the trust in view of the flagrant violations of the terms and conditions for operating a medical college", though adding, "The college was able to secure partial relief in the case."
According to CJAR, "An investigation by a government controlled agency like CBI into a case concerning the judges of the Supreme Court could seriously compromise the independence of the judiciary. In this case, there was particular concern as the matter of the medical college was being heard by a bench headed by the Chief Justice of India himself."
"Therefore", says CJAR, it "filed a petition in the Supreme Court seeking that such a sensitive investigation should not be left in the hands of a government-controlled agency and should be undertaken by a Special Investigative Team headed by a former Chief Justice of the Supreme Court and monitored by the Supreme Court itself."
CJAR prayed before the court that the petition should be heard by judges other than those who had served on the bench hearing the matter of the medical college, requesting that the petition be dealt with by the five senior most judges of the Supreme Court, excluding the CJI, so that the monitoring of this investigation would be "robust and fair."
A related matter was filed by senior advocate, Kamini Jaiswal, which was referred by the second senior most Judge of the Supreme Court, to a Constitution Bench comprising the five senior most judges of the Court. However, the Chief Justice intervened "and dealt with the petitions on the administrative side as well as the judicial side", says CJAR.
Insisting that "justice must not merely be done but it must also be seen to be done", CJAR quotes a 1997 Code of Conduct for High Court and Supreme Court judges to say, "The behaviour and conduct of members of the higher judiciary must reaffirm the people’s faith in the impartiality of the judiciary... whether in official or personal capacity."
Claiming that the the action of the Chief Justice "in this case clearly violate this salutary Code of Conduct", CJAR says, "Contrary to the charge against the campaign that this was a mala fide petition intended to defame the judiciary, CJAR had approached the court with the intention to protect the independence, integrity and reputation of the Supreme Court and the judiciary in general."
It alleges, the "Chief Justice of India has reportedly denied permission to CBI to register an FIR against a sitting judge of the Allahabad High Court allegedly involved in this matter", raising the alarm that " the reported denial by the Chief Justice of India, and the judgement of the Supreme Court in the matter, has in effect ensured that there will be no investigation of sitting judges in this matter."

Comments

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani* India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor* Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas* November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad* On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Green Revolution’s reliance on chemical fertilizers, pesticides contributing to Punjab's health crisis

By Bharat Dogra, Jagmohan Singh* Punjab was once synonymous with robust health, particularly in its rural areas, where farmers were known for their strength and vitality. However, in recent years, reports from these villages tell a different story, with rising cases of serious health issues, including cancer. What led to this decline? The answer lies largely in the erosion of good nutrition, once a hallmark of Punjabi village life. The health of a population is closely tied to its nutrition, and Punjab's reputation as a provider of high-quality nutrition has suffered greatly. The loss of biodiversity in agriculture has led to a decrease in the variety and quality of crops, resulting in poorer nutrition. Pulses, a key source of protein, have seen a steep decline in cultivation due to the disruption of traditional farming practices by the Green Revolution. This has had a detrimental effect on both soil and human health. Although pulses are still available in the market, they are exp

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor* Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Search This Blog