It is unfortunate that India doesn’t have laws
to chop off hands or cut off fingers of people who indulge in fraud, lamented a
Judge of Madras High Court on 10th July,
2014 while refusing to order release of a person involved in forgery of land
documents. Viewed against the backdrop
of mounting pressure on the judiciary and Government to drop capital
punishments the comments of the Judge are horrifying to say the least. Justice
S Vaidyanathan being an ardent admirer
of the laws that prevail in the Islamic countries elaborates : “ In Islamic
countries horrifying punishment of cutting off hands and chopping off fingers
for even petty thefts is implemented. I came across an article that said Iran has
unveiled its latest innovation in criminal punishment - a machine that cuts off
fingers of thieves. For forgery, this court is of the view that such a
stringent punishment of fingers should be awarded to the petitioner. Unfortunately
in our Country there are no such
stringent laws to punish the guilty.”
Any breach of law of the land or
offence is punishable irrespective its size or gravity, however the offender
here is a petty fraudster.
Your honour, are you not seeing the
criminals sitting pretty in our
Parliament or our legislatures? Are you not seeing the fraudsters who make laws
and decide the destiny of 120 crore people of this Country? While hearing a
petition on fraud involving a Central Minister an Honourable Judge of the
Supreme Court expressed his inability to count the zeroes of the amount
involved.
The canker that eats into our judiciary
is more worrisome. Here the perpetrators of the crime are learned and privileged.
There have been hush hush talk in the corridors of courts, of the corruption in
judiciary for quite a long time. however it was Justice Ramaswamy, retired
judge of the Supreme Court who faced impeachment first in 1993.Justice
Ramaswamy, misused his authority and squandered public money when he was Chief
Justice of Punjab and Haryana High Court. The Congress Party that was in power
at the centre has been protecting the judge sating that it was a case of
overspending. The committee formed by
the parliament found him guilty in 11 out of 14 charges raised by the Supreme
Court Bar association. The impeachment motion was moved in the Lok Sabha on
10th May 1993. 196 members supported
it, 205 members of the Congress Party abstained from voting to save tainted
Ramaswamy. He sat on the bench of the Supreme Court for over four years from
6th October 1989 to 14th February 1994 dispensing justice, thanks to his
political masters who suffer from extreme morality deficit.
A petition was filed in the Supreme Court
seeking quashing of appointment of an Andhra Pradesh High Court Judge, Justice
M Venkataraman, who prior to his appointment as a judge was charge sheeted in
an arson case during his college days and later declared a proclaimed offender.
The Judge while enrolling as an advocate with Bar Council had declared that there
was no criminal case pending against him. Appearing for the petitioner senior
advocate Shanti Bhushans asked . “What will happen to the judiciary if people
find that a proclaimed offender had been appointed as judge? It is a question
of institutional integrity and more importantly keeping people’s faith in
judiciary intact”.
Justice Nirmal Yadav , a judge of Punjab and Haryana has been charged under section 11
of Prevention of Corruption Act in Marc 2011. The president
had given sanction to prosecute her on March 1, 2011. In August 2008 a bag
containing Rs.15 lakh in cash was wrongly delivered at the residence of justice
Nirmaljit Kaur following which she reported the matter to the police. The money
was delivered by a clerk of former Haryana
additional Advocate general Sanjeev Bansal. Later CBI investigation found
that money delivered mistakenly at the door step of Justice Nirmajit Kaur was
actually meant for Justice Nirmal Yadav for payment towards a land deal.
. Justice PD Dinakaran,former Chief
Justice of Karnataka High Court was recommended for being appointed Supreme
Court Judge in August 2009. But his elevation was stopped after land grab
allegations were levelled against him and a motion was admitted in the
parliament to impeach him. A three member committee, comprising eminent
jurists, appointed by Rajya Sabha Chairman Hamid Ansari found him guilty of the
charges mentioned in the motion.
- Possessing wealth
disproportionate to his known source of income, unlawfully securing 5 Housing
Board plots in favour of his wife and two daughters, entering into transactions
prohibited under Benani Transaction Act, illegal encroachment on Government and
public property to deprive the Dalits and the poor of their rights to
livelihood, violation of the human rights of the Dalits and the poor,
destruction of evidence during an official enquiry, repeated undervaluation of property
at the time of registration of sale to evade stamp duty, illegal construction
of buildings…so on and so forth.
Justice Saumitra Sen, judge of Calcutta high Court was impeached for his corrupt acts as
an advocate.
A few years ago in a strong
indictment of a judge of Allah bad High Court for passing orders on extraneous
considerations, the Supreme court asked the Chief Justice of the High Court to
take action against the judge concerned. A Bench of Justice Markandeya Katju and
Justice Gyan Sudha Misra wrote “the faith of the common man of the country is
shaken to the core by such shocking and outrageous orders of this kind. Justice
Katju wrote “some thing is rotten in Allahabad High Court as the case
illustrates”. No punitive actions were seen taken against the errant judges.
In Andhra Pradesh five judges of the
subordinate courts were suspended by the High Court for copying in LLM
examination. The controller of exams caught them red handed by conducting
surprise check at the venue of exam at Warangal Arts
College. The closed
circuit TV showed them writing answers using pages torn from the text books.
Gulab Tulsiayam, a former metropolitan
magistrate of a Patiala House
Court was sentenced to three years imprisonment by
a special court for taking Rs.2000 in bribe to dispose of a factory chellan
case in 1986.
Three judges were arrested in Andhra
Pradesh for taking bribe of Rs10 crore
to grant bail to arrested coal mine king
and former minister of Karnataka G Janardhana Reddy.
The assets of the brother, daughter,son in law and other relations of aSupreme Court Chief Justice from an imoverished family of Kerala made a quantum jump when he was in office. He found uegency in settling the disputes between two siblings of the richest family of India that built a corporete empire through all corruptt means over all cases pending for years in the Supreme Court. He is still dispensing justice from Delhi as the chairman of a Commision
Your honour, why should we chop off
the hands of a petty thief or pick pocket alone, sparing the rich, mighty and
the elite who knowingly violate the rules ?
രാഷ്ട്രീയക്കാർ വാക്കുകൾ സൂക്ഷിച്ച് ഉപയോഗിക്കണമെന്നും, അല്ലെങ്കിൽ ജനങ്ങൾക്ക് അവരോടുള്ള മതിപ്പു കുറയുമെന്നും ടി എൻ പ്രതാപൻ എം എൽ എ.ആർക്കാണത്രെ രാഷ്ട്രീയക്കാരെ മതിപ്പ്. അവരുടെ ക്ടുുംബാഗങ്ങൾ,ആശ്രിതർ,ശിങ്കിടികൾ,പാർട്ടി പ്രവർത്തകർ,പേർസണൽ സ്റ്റാഫഗംങ്ങൾ,അവരുടെ അവിഹിത സമ്പാദ്യത്തിന്റെ ഗുണഭോക്താക്കൾ 