Friday, August 26, 2011

Anna is not answer to judicial comedy

Had there not been Anna Hazare’s anti-corruption noise the parliament would have created history in fighting corruption this week. Justice Soumithra Sen would have become the first judge to be impeached to be removed on graft charges. It didn’t happen in the Loksabha because of Anna factor. Did it sound ironic?

After the Rajyasabha passed a vote favouring the impeachment of the Kolkata High Court judge, it was the Loksabha's turn on 24 Aug. As it turned out, Anna's fast eclipsed the proceedings and; the Soumitra Sen question will now wait till 5 Sept.

larger irony is that the judiciary, so effective in cracking down on corruption these days, is so corrupt.

2G spectrum scam, CWG scandal couldn't have reached this stage and no big fish would have have been netted but for judicial activism. Ramalinga Raju and Hasan Ali would have been bailed out had the Supreme Court dozed. The CBI court had granted bail to these master swindlers before the apex court intervened to turn it down and rap the investigative agency for its amnestic overtures.

While CEC has become the watch word in Karnataka and illegal mining is taking route of 2G scam, the Supreme Court is seen as an unstoppable juggernaut rolling on to cleanse corruption. The force is so reckoning that people even frowned at the activism bridling the other two pillars of democracy- legislative and executive. No qualms, so long as the delivery is ensured. The BJP corruption in the state is apparently nearing the logical end just because of the judiciary breathing to full life. Otherwise who could have stopped Yeddyurappas, Kumaraswamys, and Kattas?

But, K G Balakrishnans, and P D Dinakarans of the world are from judiciary. As the former shined as the chief justice of India his relatives made the hay in shine and their wealth soured, the latter was a shame as the chief justice of the Karnataka High Court. The day when Dinakaran delivered his controversial judgment allowing mining in the forest area a property was registered in the name of his mother-in-law in picturesque Oooty.


While these two are almost nailed, many corrupt judges are at large. Soumitra Sen’s misconduct is nothing when compared to the scale of fraud they have committed collectively or individually. ‘Contempt of Courts Act’ is the weapon they brandish to scare their adversaries. Even media fears to tread in this scary terrain. The court had brought the media on its knees when reports were published on a group of judges caught in sex scandal, and the news papers in Karnataka had to apologise before the High Court to avert contempt proceedings on them.

When MiDDAY's Delhi edition exposed the then CJI Y K Sabarwal's nepotism, its journalists had to serve a jail term before the case was decided in thier favour. In Bangalore, the tabloid won a contemt case against the son of sitting judge of the High Court. But, these are the rare cases. Corrupt jusdges bully the the world, and that is the norm.


If you are in such a positive frame of mind, you can say judges are not above law and even they will also be netted one or the other day. But, have you got a stick to beat a chatter box sitting on the bench? Indulging hallow talks is the latest trend with the judges. They have crass observation on anything under the sun and there is no restrain. As if they are into rhetoric competition with lawyers in the court room the judges talk too much and their dialoguebaazi is no way related to the case or the judgment. If an outrageous judge suggests closing down a municipal council just because the authorities are not performing well, how should the world react?

The tendency is growing as a menace because the waywardness undermine the very effectiveness of the court.

A chief justice in the Karnataka High Court was notorious for cracking sleazy jokes in the court room. He was insisting on laughing at his jokes otherwise threatening to crack more dirty jokes. If a justice in the court turns a court jester, justice delivery system will be the laughing stock.

Even Anna Hazare’s Jan Lokpal Bill is not a panacea for the malice because it is completely out the reach of this folksy innocent. No hope on Judicial Standards and Accountability Bill panting in cold storage.



No comments: