Corruption Here an Open Secret, Says this State High Court Judge, Chief Justice Withdraws All Work from Him

Chief Justice of High Court of Patna has withdrawn judicial work from the senior-most Judge in the HC after the latter delivered an order on how the judiciary in Bihar had plunged deep into corruption.

“Corruption in this HC is (an) open secret,” Justice Rakesh Kumar had held in his 20-page order delivered on Wednesday. Hours later, the chief justice withdrew all judicial work from him & asked him to wait in his chamber for allotment of work.

The Judge implored upon the Chief Justice of India & the Supreme Court Collegium to take cognisance of the corrupt practices plaguing the judicial system at all levels in Bihar.

The Judge recorded on Wednesday, “After my elevation as Judge, I started to notice that senior judges were buttering Chief Justice. Initially, I thought why such action was shown by the senior judges, but after some time, I could gather that such actions were being taken to get their favourite or caste man elevated as a judge or do some favour to corrupt judicial officers”.

Justice Kumar presented an illustration of four judicial officers who had allegations petitions ranging from 11 to 21 but, the Judge said, they were all let off with mild punishments & remained in judiciary although they should have been dismissed in the best interest of the system.

BCTP warns lawyers against burning effigy of Chief Justice

BCTP warns lawyers against burning effigy of Chief Justice
BCTP warns lawyers against burning effigy of Chief Justice

Taking serious view of burning the effigy of the Chief Justice of Madras High Court by lawyers as part of their indefinite boycott of courts protesting recent amendments to the rules under the Advocates Act, Bar Council of Tamil Nadu and Puducherry today said the action would be dealt with in stringent manner in accordance with the law.

“It is very painful to note that some of the legal fraternity of state of Tamil Nadu burning the effigy of the Hon’ble Chief Justice of Madras High Court. We strongly condemn the acts done by the unruly, unbecoming professionals and it is a clear case of professional misconduct,” BCTP said in a press release here.
“BCTP will not keep quiet. The Bar Council viewed this issue very seriously and deal with the same very stringent manner in accordance with law,” it said.

A section of lawyers of the Madras High Court started indefinite boycott of courts on June 28 protesting the recent amendments to the rules under the Advocates Act even as the Registrar General announced the constitution of a five-judge committee to look into their objections.

As part of their protest, the effigy of Justice Sanjay Kishan Kaul, the Chief Justice of the Madras High Court, was burnt by some lawyers.

( Source – PTI )

Kejriwal, Somnath Bharti meet Delhi HC CJ

ccDelhi Chief Minister Arvind Kejriwal and law minister Somnath Bharti Wednesday held a “courtesy meeting” with Justice NV Ramana, Chief Justice of the Delhi High Court, at his residence.

High court sources said the chief justice left for home at around 6 p.m. as he had a meeting with Delhi’s CM and law minister at his residence.

The sources said: “It was a formal courtesy meeting which is held every time a new chief minister takes oath. The meeting lasted for about 20 minutes.”

They, however, refused to give details of the meeting.

Bharti has already been under fire after he called a meeting of all district judges in Delhi, and Principal Secretary (Law) AS Yadav, a district judge on deputation to the Delhi government, even shot off a letter to the Delhi High Court in this regard.

Yadav rejected Bharti’s proposal of judges’ meeting, expressing his inability to convene a meeting of all Delhi court judges at the state secretariat.

Yadav told the minister that the judiciary is independent of the executive and only the Delhi High Court can summon a meeting of judges.

Yadav had tried to reason with Bharti, himself a trained lawyer, that it was unthinkable for a minister or anyone representing the executive to summon a meeting of the judges.

Lawyers in Delhi also condemned Bharti’s move, contending that the judiciary was not under the control of the executive and political authority.

(Source: IANS)

Bar Association alarmed at Govt. move on Judicial appointments

The Bar Association of India (BAI) expressed ‘alarm’ at the reported move by the government to bring in a Draft Bill for a Judicial Appointments Commission (JAC) without consulting any legal body and urged the government not to rush through the legislation without a debate.

Several eminent lawyers including BAI President Emeritus Fali S Nariman, BAI President Anil B Divan, and Vice Presidents K K Venugopal and Ashok Desai and former Law Minister Shanti Bhushan, in a signed memorandum to Law Minister Ashwini Kumar, said such an important measure should not be rushed through without a ‘robust’ debate and discussion which necessarily involved a reasonable time.

Reports said the government proposed to set up a six-member Judicial Appointments Commission (JAC), headed by the Chief Justice and having Law Minister as a representative of the government, to provide a say to the government in the appointment of judges.

The proposed system, which is likely to be discussed by the Union Cabinet today, will scrap the mechanism of judges appointing judges.

It is seen as an attempt by the government to interfere in the judiciary.

 

UNI

Judiciary not super legislature: Chief justice

The judiciary should not try to act as a super legislature, Chief Justice of India S.H. Kapadia said Saturday. He also asked the political leadership to resist from giving protection to corrupt judges.

Kapadia said this while delivering the fifth M.C. Setalvad memorial lecture on the ‘Canons of judicial ethics’ here.

The chief justice also said judges should resist the temptation of post-retirement assignments.

The chief justice said a balance has to be struck between judicial independence and the accountability of judges. He said the challenge before the judiciary is how to respond to unreasonable criticism of the courts.

Kashmir native named chief justice of state high court

In a departure from its more than two decades old practice, the Supreme Court has recommended the appointment of Justice Nissar Ahmed Kakru, who hails from Jammu and Kashmir, as the chief justice of the state’s high court.

The apex court move comes even as the government has yet to take a final call on the steps it wants to take as part of the confidence building measures for the trouble-torn Kashmir.

The decision was taken by the Supreme Court collegium, of five senior most judges of the apex court headed by Chief Justice S.H. Kapadia, last Thursday.

At present, Justice Kakru is the chief justice of the Andhra Pradesh High Court.

The insiders in the legal fraternity say this departure could not be seen in isolation.

They say the collegium move is an implicit part of the overall initiative, including relaxing of the Armed Forces (Special Powers) Act, that Prime Minister Manmohan Singh is planning to take after an all-party meeting Wednesday on handling of the volatile Kashmir situation.

The timing of the development adds credence to the belief that the collegium move was a part of the larger initiative of the prime minister.

The collegium meeting was convened Thursday where the decision was taken to break with the past practice of not allowing a son of the soil from heading the state’s high court.

This meeting, which many say was an emergency meeting, decided that Justice Kakru would be the chief justice of the J&K High Court. Consequently the present incumbent, Justice Aftab Hussain Saikia, would be shifted as the chief justice of the Gauhati High Court.

Justice Saikia belongs to Assam. But his going to the Gauhati High Court was more a consequence to accommodate Justice Kakru as head of the J&K High Court.

Soon after the decision on Justice Kakru was taken, the file recommending his transfer was sent to the union law and justice ministry for implementation and orders by the president.

Justice Kakru was appointed the chief justice of the Andhra Pradesh High Court only in February this year.

Bhagwati Prasad sworn in as chief justice of Jharkhand

Bhagwati Prasad was sworn in as Chief Justice of the Jharkhand High Court here on Sunday.

Governor M.O.H. Farooq administered the oath of office at a function held at the Raj Bhavan.

Chief Secretary A.K. Singh; Advisers to the Governor V.S. Dubey, R.R. Prasad and Wilfred Lakda; Director-General of Police Neyaz Ahmed; Union Minister Subodh Kant Sahay; and Assembly Speaker C.P. Singh attended the function.

Mr. Prasad said he would create an atmosphere that would help the people get justice easily.

Mr. Prasad was born on May 5, 1949. He enrolled himself as an advocate on September 2, 1972, and practised for about 24 years. He was appointed a judge of the Gujarat High Court on February 7, 2008.

Mohit Shah is new Bombay High Court chief justice

Justice Mohit Shah was sworn in as the new chief justice of the Bombay High Court here Saturday.

Maharashtra Governor K. Sankaranarayanan administered the oath of office to the new chief justice at a function in Raj Bhavan.

The ceremony was attended by Chief Minister Ashok Chavan, Chairman of Maharashtra Legislative Council Shivajirao Deshmukh, ministers Anil Deshmukh and Naseem Khan, Justice D. Bhandari of the Supreme Court, several judges of the high court and Mumbai Mayor Shraddha Jadhav.

Also in attendance was Mita Shah, wife of the new chief justice, and other prominent invitees.

Chief Justice Shah, who was serving as the chief justice of Calcutta High Court earlier, takes over from Justice Anil Dave who was elevated to the Supreme Court April 30 this year.

Soon after Justice Dave’s elevation, Justice J.N. Patel served as the acting chief justice of the high court. Justice Patel has now been elevated as the new chief justice of the Calcutta High Court.