Indian judiciary has long been criticized for their incapability of giving early verdicts and denying justice for common people. There are crores of cases which have been locked up in dusted racks of the courts without finding proper disposal.
The main reason for this sad state is because of the non committal attitude towards common people’s problem and many judges who occupy the top positions are rewarded by political parties to reap benefits and are mostly worried about high profiled cases.
The best example was a how a top lawyer and powerful politician of Delhi was caught in a sex scandal which revealed the dark truths of judges appointment.
In the sex CD, the lady who was with the man was caught asking him “When will you appoint me as the judge?, Tell me dear, when will you appoint me as the judge”?
BTW, do you know who was this powerful politician and lawyer? It is none other than Abhishek Manu Singhvi, the official lawyer of the Congress party, a supreme court lawyer who was also in the collegium committee which appointed the judges of the Supreme Court.
As soon as the this video went viral on youtube, this man ran away from public life saying he will not come until he proves the video wrong. But until now he hasn’t returned back.
It is indeed unfortunate that we the people of India have never bothered to question those judges and lawyers who get plum posts just because they favour political parties. The collegium system in which senior judges appoint junior judges is been followed since 70 years which has only made the judiciary more corrupt and biased.
For example, the supreme court judges appoint High court judges, the High court judges appoint session court judges. And most of the time you will have to either bribe the senior judges, obey their orders to get selected. Is this transparency?!!! The appointment is more so given to those who are good in slavery business and not based on merit!
Abhishek Manu Singhvi also had the power to select the judges of High court, this is exactly why the lady, Anusuya Salawan who was caught in sex scandal with him was seen asking “When will you appoint me as the judge”! Shameless Manu Singhvi had taken sex favours to promote her as the judge.
Now take a look at the other cases how collegium system was misused by politicians to get their people appointed as judges.
Firstly, the two main criteria to get appointed as the High court judge are:
- He/She should be a citizen of India
- Should have served as lawyer in court for 10 years or should have worked as the Advocate general of a state government.
But Himachal Pradesh Chief Minister Virbhadra Singh in order to get her daughter Abhilasha Kumari selected as high court judge, had appointed her as the Advocate General of Himachal Pradesh. This was a clear case of nepotism. Later through collegium, he got her selected as the High court judge in a short span and she was giving postings in Gujarat High Court. The main reason she was sent to Gujarat was to oppose Narendra Modi and his government and attack him in every front. Her many judgements were over ruled by Supreme Court many times.
It was the same case with Lalu Prasad Yadav. In 1990, when Lalu Prasad was the Chief Minister of Bihar, in order to appease Muslim vote bank, he had got Aftab Alam appointed as the High court judge and later he was even selected as the Supreme Court judge through collegium. What is interesting was, somehow all the cases which Testa Setalvad filed against Narendra Modi and many cases of the Gujarat riots went exactly to his bench. Coincidence…??
Later a bench headed by M B Soni noticed Aftab Alam’s biased views focused on getting Narendra Modi convicted in Gujarat Case and requested the CJI to make sure the Gujarat cases do not go to him. The CJI who verified the 12 judgements given by Aftab Alam found serious flaws and biased views against Narendra Modi. He submitted a report saying Aftab Alam should no longer be allowed to handle the cases against Narendra Modi and Gujarat riots.
If we notice the recent judgements given by Supreme Court and High Courts, one can clearly say that courts are being impartial towards certain religions.
1.The courts were very eager to support the Rohingyas who have posed serious security concern to Nation, but did not bother to hear about Kashmiri Pandits who are Indian citizens.
2. Courts do not have problem banning Jallikattu saying its animal cruelty but doesn’t want to speak about Bakrid where animals are sacrificed in most painful way.
3. The courts did not want to interfere into Haji Ali Darga where women are not allowed, but was very keen on speaking about women rights in Shani Shingnapur.
4. The courts banned the celebration of Dahi Handi saying its dangerous, but doesn’t want to speak about Muharrum where people cut themselves with knives and blades.
5. The courts are worried about Pani Puri Stalls in Mumbai, but are not worried about crores of pending cases in dusted racks.
6. It takes Col Purohit 9 years to get bail, even after there was no single evidence against him. But it took 9 minutes for Sonia Gandhi and Rahul Gandhi to get bail in National Herald case when there was Prima Facie evidence!
7. Why was Lalu Prasad, a convict man given bail? why was brutal Nirbhaya rapist let free?
If this is not biased, then what is?!
Are the courts serving people of India or powerful politicians and VIPs is the big question which comes to mind. And this is exactly why NJAC (National Judicial Appointment Commission) which abolishes the illogical practice of the collegium system was introduced by Modi government. However the Supreme Court judges are not very happy with NJAC….why???
Because of the 28 judges in the Supreme Court, 20 judges were appointed during the Congress rule. Another 8 judges were appointed after Modi government came to power. When the Modi government submitted their proposal to introduce NJAC, it was the SC bench that rejected the NJAC. The only reason is, the senior judges no longer get to appoint their juniors in NJAC and instead a committee headed by CJI, two Supreme court judges, Law minister and 2 eminent personalities from the society will select the judges. This will completely make the system transparent and selection will be based on merit. But the Supreme Court bench has rejected this twice.
Can common people become judges for their own case…NO! But Supreme court has made itself judge for its case and is deciding what is good for them. The simple question is can this be accepted?
Is it not time to change the judicial system and focus that judges work for common people more than politicians and VIPs?!
(We do not intend to question the judiciary or the integrity of judges, but we only want to raise the concern which is bothering every common man in recent times. We are only questioning the corruption, nepotism and bribery which has made common people lose hope in judiciary. Through this article our only request is, the highest decision making body which is respected by the people of the country should not be made a laughing stock!!!)
Original Article by Sanjay Dube