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Errant Judges and Secretive Collegium of the Supreme Court |
In his most recent blog post Justice D Y Shylendra Kumar of the
Karnataka High Court comes down heavily on the manner of functioning
of the collegium of the Supreme Court of India which he says has
drawn flak from all sections of society and "it is a matter
of utmost concern and even a matter of shame for the members of
the judiciary that the collegium of the Supreme Court is blissfully
remaining insensitive to public opinion/reaction, but, is only playing
GOD..."..blogpost.
tFind
here his recent open letter to the Chief Justice of the Karnataka
High Court...letter
t |
The Curious incident of the underdog's defence |
Judicial Independence: Is it Threatened? |
Resolution passed at the CJAR 3rd National Convention 2010 |
The
two day 3rd National Convention on “Making the Judiciary
Accountable and Responsive to the People” organised
by the Campaign for Judicial Accountability and Reforms
was held at the Nehru Memorial Library, Teen Murti House, New Delhi
on the 6th-7th of February 2010. The Convention was attended by
over 200 people representing various organisations and movements
from across the country. The Convention was addressed by a range
of distinguished speakers on the twin issues of judicial accountability
and reforms specifically dealing with the issues of appointment
of judges and complaints against and removal of judges, the judiciary
and public discourse, the judiciary and the environment-development
dichotomy, the judiciary and civil liberties as well as the judiciary
and the poor. Read here the
backgroudnote
i
resolution
passed
at the conclusion of the convention and
highlights
of Day 1. |
CJAR letter to the Vice President regarding the enquiry committee in the Justice Dinakaran impeachment |
| The
Campaign for Judicial Accountability and Reform has sent
a letter to Shri Hamid Ansari, Vice President of India, regarding
the 3 member enquiry committee appointed to enquire into the motion
for removal of Jusitce P.D. Dinakaran. The letter brings to Shri
Ansari's notice that Justice Sirupurkar’s friendship with
Justice Dinakaran, coupled with his prejudgement of the matter,
places him in a position where if he inquires into this matter,
justice will not be seen to be done. The same would be the case
with Shri P.P. Rao who has been formally consulted in the matter
by Justice Dinakaran. The letter further requests that these facts
be placed before Justice Sirupurkar and Shri P.P. Rao and they be
asked whether they would like to recuse themselves from the inquiry
committee, to avoid any further controversy in the matter. ...letter |
Historic Ruling in favour of transparency & accountability - judges' assests judgement |
"Democracy
expects openness and openness is concomitant of free society. Sunlight
is the best disinfectant,” a full Bench of the Delhi
High court held on the 12th of January 2010. The historic judgment
which rules that the office of the Chief Justice of India (CJI)
is a “public authority” that comes under the ambit of
the Right to Information (RTI) Act also held that judges of superior
courts should make public their assets. "Judicial independence
was not a judge’s personal privilege but a responsibility
cast upon him"...read
judgement |
Extraordinary situations call for extraordinary measures |
Karnataka
High Court’s Justice DV Shylendra Kumar voices on his blog,
his disapproval and the impropriety of Karnataka CJ Dinakaran continuing
to exercise administrative functions while “his past conduct
and exploits do not inspire the confidence of the people”.
He points to the abuse and misuse of power in CJ Dinakaran’s
declining permission to hold a meeting of all judges of the High
Court to discuss the function and conduct of Justice Dinakaran himself....full
article |
Press Statement against Survery of India probe into Justice Dinakaran encroachment |
Press
Statement issued by the Forum for Judicial Accountability
against the Survey of India spot probe into the allegations of land
encroachment by the Karnataka Chief Justice, P.D. Dinakaran, to
be conducted on December 30th as reported in a newspaper. The Forum calls upon the Central Government to recall the three member team deputed by the Survey of India immediately and to await the outcome of the enquiry under the impeachment proceedings. ...statementpage1tpage2 |
Statement critical of SC collegium recommendations for Judicial Appointments |
Statement issued by the Committee on Judicial Accountability critical of the SC collegium's recommendations for appointment of judges which have been returned by the government. The statement raises the issue of the recommendations having been made without transparency and without proper verification of the antecedents and reputation of those recommended. more...
|
This
is Mr. Prashant Bhushan's reply (filed in the Supreme Court
on the 8th of Decemeber, 2009) to the contempt petition filed
by Mr. Harish Salve on the basis on an
interview
given by Mr. Bhushan to the Tehelka magazine. ...contempt
reply
t |
Motion for impeachment of Justice Dinakaran |
The
notice of motion for presenting an address to the President of India
for the removal of Justice Dinakaran, Chief Justice of the Karanataka
High Court, under Article 217 read with Article 124(4) of Constitution
of India for his various acts of misbehavior, including dishonest
judicial orders, irregular and dishonest administrative actions,
etc. Also annexed is an explanatory note on the motion for impeachement.
The motion is proposed to be signed by M.P.s of the Rajya Sabha
and then be submitted to the Vice President...impeachment
motion |
Reveal files on appointment of judges - CIC to SC |
Another
victory for transparency and accountability as the Chief Information
Commission has held the appointment of judges is a “public
activity” which cannot be withheld from disclosure, directing
the Supreme Court to make public the records of appointing three
justices of the apex court who superseded their seniors. RTI activist
Subhash Chandra Agrawal had sought complete correspondence between
authorities concerned relating to appointment of Justices H L Dattu,
A K Ganguly and R M Lodha superseding seniority of Justices A P
Shah, A K Patnaik and V K Gupta as allegedly objected by Prime Minister's
Office...verdict
1 verdict2 |
The conflict of interest controversy continues... In letters |
Here’s
an interesting communication – a letter written by the Supreme
Court Bar Association President Mr. M. N. Krishnamani to the Editor,
Tehelka, regarding an earlier interview published in the magazine
wherein Mr. Prashant Bhushan had stated that Jusitce Kapadia had
violated the conflict of interest principle in deciding the Vendanta
Cases despite having sharing in Sterlite (a subsidiary company).
Mr. Krishnamani lauds Justice Kapadia’s ‘no one objected’
stand in not recusing himself, it being in accordance with the laid
down rule in the Code of Conduct for Judges while he goes on to
assert the rampant corruption in the judiciary. For this and Mr.
Bhushan’s pointed reply...read
on |
To recuse or not to recuse... is that the question? |
There
have been a spate of recusals from the Indian Supreme Court in the
past. However recent trends point towards confusing and differing
standards for recusal of a judge. As public pressure now mounts
towards a determination of this question, we remain with the question
– When faced with a conflict of interest, what standard should
judges across the country follow? This article probes whether judges
should recuse or should they offer to recuse and indicates that
the Supreme Court precedent and past history offer a clear guide.
...article |
SC Judges reveal asset on website |
The
Supreme Court on Monday, 2nd November, posted the Assets of Supreme
Court judges on its website, clarifying that the declarations were
being made on a voluntary basis only! This despite the fact that
the decision to reveal assets on the website was taken on Aug. 26
in the backdrop of a raging controversy over resistance by the SC
to answer a query regarding assets of judges. As this
MailToday story reports, declarations lack information with some
Judges giving only sketchy details and not mentioning the value
of their movable and immovable assets. more... |
Ghaziabad provident fund scam main accused dies under mysterious circumstances |
Ashutosh
Asthana, the main accused in the Ghaziabad provident fund scam,
was found dead in his prison cell on 17th October 2009. It is known
that he was clearly under a lot of pressure, as was evident from
his statement in which he tried to change his first confessional
statement
as well as another affidavit through his lawyer in which he stated
that he had given the second statement under pressure. In his S.
164 confessional statement before the Magistrate of Ghazibad court,
he had confessed that of the 7 crore embezzled, he had given cash
and gifts such as air conditioners, refrigerators, expensive clothes,
jewellery and furniture to many judges including judges of the High
Court and a Supreme Court judge. news
report |
Contempt of Court & the Conflict of Interest Controversy |
Last
week there were newspaper reports that the Supreme Court has permitted
the filing of a contempt petition against Mr. Prashant Bhushan for
allegedly casting aspersions against some judges including Justice
Kapadia, for his violating the law against judges hearing cases
where there is a conflict of Interest, by his hearing and deciding
the Vendanta case despite having shares in Sterlite (a subsidary
company of Vendanta). Here's an excellent article by Manoj Mitta (Times of India) that unfolds interesting aspects of the Justice Kapadia conflict of interest controvesy and how this principle (also importantly adopted by the SC judges in 1997 through the Restatement of Judicial Values), has been completely violated by Justice Kapadia in his hearing and deciding this and other Sterlite cases. ....article |
The Dinakaran Imbroglio: Appointments and Complaints against Judges |
The
Dinakaran episode has brought to the surface the vexed problem of
the arbitrary and totally unsatisfactory manner of selecting and
appointing judges as well as the unresolved problem of dealing with
complaints of misconduct and corruption against judges. In this
bracing article Prashant Bhushan analyses these
long simmering twin problems which lie at the heart of Judicial
Accountablity...more |
Appointment of Judges – the Justice Dinakaran Controversy |
| Public
opinion is now stirring over the issue of appointment of judges,
especially appointments made to the Supreme Court and High Courts
in India, which remain largely arbitrary, adhoc and non-transparent.
The man at the centre of the storm is the Chief Justice of the Karnataka High Court, Justice Dinakaran, whose name has been recommended, along with four others by the SC collegium for elevation as judges of the SC. The controversy came to surface with a written complaint to the SC collegium by the Forum for Judicial Accountability. The first representation against Jusitce Dinakaran dated 9th September 2009 was regarding his amassing huge assets, corruption and serious irregularities. The Second representation listed further particulars with supporting material and the 3rd representation surfaced additional information regarding amassing of further properties and the exercise of judicial powers to decide cases in his own cause. The representations sent to SC collegium can be accessed here… Representation 1 Representation 2 Representation 3 Representation 4 |
Loathing and fear in TN Village - Justice Dinakaran's Empire demystified |
Read
the Mail Today feature as M.C. Rajan in Chennai
tracks Chief Justice Dinkaran's disproportionate property details
and other instances of judicial misconduct while also detailing
other judges caught in controversy... all of which exerting pressure
on the need to lift the veil of secrecy over judicial appointments...more |
Historic Ruling in favour of Transparency and Accountability - The Judges'Assets case |
The
Delhi High Court ruled on 2nd September 2009, that the Chief Justice
of India (CJI) is a “public authority” within the meaning
of the Right to Information Act and has to make public the information
on assets declared to him by judges under the 1997 resolution of
Chief Justices. The argument that such information has been collected
under fiduciary capacity by the CJI was also held to be insubstantial..
The ruling by Justice Ravindra Bhat, which came on the Supreme Court's
appeal against an almost identical order from the Central Information
Commissioner (CIC), runs counter to the consistent stand of Chief
Justice K G Balakrishnan that the CJI could not be termed as a public
authority under RTI Act..view
judgement |
CJAR Public Statement on SC judges decision to put their assets on website |
The
decision of the Supreme Court judges to put their asset declarations
on the Supreme Court website is a welcome first step towards transparency
and accountability of judges in this country. It is also a tribute
to the power of public opinion... However, this decision of the
Supreme Court judges does not obviate the need for a law to make
such public declarations compulsory. Indeed, the law must provide
for an annual public declaration of assets and liabilities as well
as income tax returns of all public servants, including judges...more |
The Judges' Assets Saga |
In
February 2009, the Campaign for Judicial Accountability and
Reform (CJAR) issued an Open
Letter
to Judges of all the High Courts and the Supreme Court to publicly
declare their assets. It was urged through this letter, that by
making a public declaration of their assets, Judges' would be setting
an example of transparency in the country which would then be emulated
by other public servants in the country. In response to this letter,
Justice K. Kannan of the Punjab and Haryana High
Court, perhaps the first judge to voluntarily make his assets public,
sent an email to Mr. Prashant Bhushan, Convener, CJAR, stating,
that while he held views against the demand for public declaration
of judges' assets, he had no qualms in sharing his
financial
and property details,
which he attached to the email. The correspondence between Mr. Prashant
Bhushan and Justice Kannan can be accessed here.
Further the document sent by Justice Kannan detailing his point
of view can also be read here. |
|
Running
out rightly contrary to the refusal of Judges of the High Courts
and Supreme Court to publicly declare their assets, Justice, DV
Shylendra Kumar of the Karnataka High Court, powerfully expresses
his views against the Chief Justice of India speaking on behalf
of the country’s judiciary as well as Justice Kumar’s
right to express his views freely and without fear. His articles
in the New Indian Express can be read here
and here.
Justice Kumars asset details as posted on a website can be accessed
here.
|
Too High a horse - Ram Jethmalani |
Former
Law Minister, Mr. Ram Jethmalani asserts that judges must disclose
their assets to maintain public confidence in the courts more....article |
Law Commission of India - Report on Reforms in the Judiciary |
The Law Commission of India, Chaired by Justice Dr. Justice AR. Lakshmanan, in its REPORT NO. 230 focuses on REFORMS IN THE JUDICIARY, offering some suggestions. The report was submitted to the Union Minister of Law and Jusitce, Ministry of Law and Justice, Government of India by the Law Commission on the 5th of August, 2009. Copy of the report can be found here. |
CJI-Please declare my assets: Justice J.S. Verma |
Former Chief Justice of India reitirates - Judicial accountability requires transparency. Public knowledge of the antecedents, assets and liabilities of the judge, spouse and dependents is necessary for adjudging the judge’s conduct and suitability for the performance of official duties... more. |
Accountable or not - Fali S. Nariman |
Renowned Jurist Fali S. Nariman states in this article that if the credibility of the higher judiciary is to be restored, as he believes it must — since without the higher judiciary our Constitution simply cannot work — it is essential that every judge of the Supreme Court set an example and voluntarily make a public disclosure of his (or her) assets on the website of the Supreme Court, law or no law. more. |
Limits of Judicial Conduct - V.R. Krishna Iyer |
A Performance Commission to investigate delinquent judges is essential if egregious judicial blunders are to be minimised. Read this thought provoking artcile where Justice Krishna Iyer dwells on the limits of judicial conduct in the present day context. more. |
CJAR Statement on proposed Bill on Declaration of Assets |
The Government of India has recently declared that a Bill is proposed to be tabled in the parliament on the issue of declaration of assets by the judges. The Campaign for Judicial Accountability and Reforms has issued a public statement, calling for a public and annual declaration of assets by the Judges to ensure that the objective of transparency through this proposed Bill is achieved. The statement also appeals that the proposed Bill be finalised after effective consultation with civil society. The statement has been endorsed by many eminent persons from all walks of life. The statement can be downloaded from here. |
CJAR Strategic planning meeting |
On the 11th of July 2009, CJARs strategic planning meeting was held. At this meeting, the campaing strategy for the coming year was prepared. Also discussed was the recently passed legislation "Gram Nyalalaya Act" and the recommendation of 2nd Administrative Reforms Commission on Judicial Reforms were also discussed. Minutes of the meeting can be found here. Gram Nyayalaya Act, as passed by parliament can be found here. It can be compared with the Draft Gram Nyalayaya Bill as introduced in Rajya Sabha. Draft Bill can be found here. Excerpts from recommendations of 2nd ARC can be found here. In the meeting, status report of the activities of the CJAR during last year was also presented. This report can be downloaded from here. |
“Failing the common people” |
India
has an independent judiciary. Nonetheless, the gaps between codified
law and grassroots reality are wide. The Delhi-based Campaign for
Judicial Accountability and Judicial Reforms wants matters to change.
Prashant Bhushan, one of its leaders, explained what is wrong with
the courts and what could make a difference in a D+C/E+Z-interview.
...more |
Govt probing assets owned by ex-CJI Sabharwal's family |
In
the reply to an application filed under Right to Information Act,
Central Government has admitted that pursuant to the complaint from
CJAR regarding undue monetary advantage to the family members of
Justice Sabharwal due to his controversial orders on sealing the
business establishments in Delhi; CBI has been directed to investigate
the matter. CBI is investigaing various aspects of the case, including
the allegation of misuse of public office by the family members
of Justice Sabharwal. ...more |
Lack of Judicial Accountability in India |
At
the Department of South Asian Studies, Princeton, Prashant Bhushan
delivered a talk on the "Lack of Judicial Accountability
in India". In his talk, Prashant has pointed how the
judiciary has acqired self-perpetrating oligarchy and has bocome
powerful. He has also pointed out as to how the judiciary has been
making attempts to keep itself cocooned
and has dismissed all attempts to make it accountable. ...more |
Sacrificing Human Rights and Environmental Rights at the Altar of “Development” |
Recently,
in a talk in George Washington University Law School, Washington,
Prashant Bhushan presented a carefully researched paper titled Sacrificing
Human Rights and Environmental Rights at the Altar of “Development”.
In this paper, Prashant has pointed how “insensitive”
the judiciary is, towards the poor. Indian courts have failed to
protect the socio-economic rights of the common people of India
who constitute the vast majority of the Indian population. The main
reason behind the insensitiveness of judiciary is that the higher
judiciary in India invariably comes from the elite section of the
society nd it has become a self-appointing and self-perpetuating
oligarchy, says Prashant. ...more |
Screening of Dam-age |
Screening
of the documentary “Dam-age”, which covers the infamous
Sardar Sarovar Project on the Narmada and the Arundhati Roy contempt
case, took place at the India International Centre Auditorium on
Saturday March 7, 2009. Read more about the film on the website
of Icuras
Films. You can also see the film on Google
Video. |
RTI on recruitmentsin DHC |
An RTI application was filed in the Delhi High Court seeking information on recruitments of the Class III and Class IV employees from 1990 to 2000. The PIO’s response was that vacant positions were not always advertised nor interviews/tests conducted, whereas on the other hand several hundred temporary and adhoc appointments were made over this period. This goes to expose the complete violation of all rules of fairness and just procedure in recruitment and appointment at the Delhi High Court. ...more; ..application in pdf format; ..application in word format |
Impeachment
motion against Justice Sen moved |
58
MPs of Rajya Sabha sent a letter to the Vice Prersident and the
Chairman of Rajya Sabha seeking impeachment of Justice Soumitra
Sen. News were published in ...Economic
Times ...Hindu
...Indian
Express |
Public Action : 26th Feb. '09 |
With
the backdrop of a legal tussle over disclosure of assets by Judges,
the Campaign for Judicial Accountability and Reform,
organised a public protest outside the Supreme Court, in a bid for
greater transparency and accountability in the judiciary. A silent
demonstration commenced Near Indian Law Institute, Opposite Supreme
Court from 10 a.m. - 1:30 p.m. on the 26th of February,
2009.
...more;
..photos |
Judicial Delays Petition |
This
petition is to seek redressal for crores of Indian citizens who
are routinely denied justice because of its delayed and therefore,
ineffective dispensation. It is to restore to them their fundamental
and constitutional rights guaranteed under Articles 21, 14, 19 and
the Preamble, and to enforce the constitutional obligations of State
under Article 39A of the Constitution of India. ...more
|
An Open Letter to Judges |
Article: "Needed, transparency and accountability" |
Justice
V.R. Krishna Iyer writes in Hindu about 'elite' judiciary which
assumed more powers in its hands and have kept themselves in a cocoon
of secrecy. Justice Iyer emphasises the need of transparency and
accountability of Judiciary. ...article |
Article: "Completely Collapsed System" |
News
report in International Business Times highlighting the conditions
of Indian Courts and pendency of cases. ...article |
Article: "Dismantling the walls of secrecy" |
A
number of steps are required to strengthen the transparency regime
sought to be established by the RTI Act. Tarunabh Khaitan writes
in Frontline. ...article |
Article: "Go Ahead, Ask" |
Aruna
Roy an Nikhil Dey of National Campaign for Peoples' Right to Information
RTI must be empowered to penetrate the veil of corporate India This
article was published in Tehelka ...article |
Article: "Judging the Judges" |
Recent
cases underline the need for independent Constitutional bodies for
the appointment of judges as well as for investigating complaints
against them. These cannot be in-house bodies of judges and must
be completely independent of the judiciary as well as of the government.
Prashant Bhushan writes in Outlook. ...article |
Article: "In Suspension" |
| Chandrani Banerjee writes in Outlook on the issue of impeachment of Justice Soumitra Sen as suggested by the Chief Justice of India and dilemma of the present government. ...article |
News: "CIC refuses to declare assets" |
| Members of the Central Information Commission have recently decided not to declare their assets in public. ...news |
Students Workshop |
CJAR
has yet again organised a Student Workshop on 'Judicial
Accountability and Reform' on Saturday, February
7, 2009. This workshop aimed at providing the students
with an overview and perspective on the judicial mechanism in the
country in the present context. Apart from this, issues and concerns
of students was also taken up and addressed through a time of open
interaction and learning sessions. Ranking them an important stakeholder
group and building for their fuller participation in the Campaign
for Judicial Accountability and Reform....invite |
Press Conference |
A
Press Conference is being organised by the Campaign for Judicial
Accountability and Reform on the recent controversies relating to
appointment and removal of judges, on Monday, 19th January, 2009
at 4p.m. at the Womens Press Corps. The conference will be addressed
by Mr. Prashant Bhushan, Senior advocate, Supreme Court of India,
Admiral R.H. Tahiliani (retired), former Chief of Naval Staff and
Chairman Transparency International, India, Ms. Kamini Jaiswal,
Senior advocate, Supreme Court of India and others....invite |
The Judiciary: Hopes and Fear by Prashant Bhushan |
When one examines the hopes and fears that one has from judiciary, it is necessary to define the role that one expects the judiciary to play in the country. Apart from dispensing justice in individual disputes brought before it, the judiciary is expected to be the guardian of the Constitution and is supposed to protect the fundamental rights of the people and implement the rule of law....more |
Appointment of Mr Ashwini Kumar Mata |
| Letter to Chief Justice of India dated January 6, 2008 on behalf of CJAR. ...more |
| Letter
to Chief Justice of India ...more
|
Removal of Mr Justice Soumitra Sen |
|
Students Text of the letter by Chief Justice of India to Prime Minister
of India for Removal of Mr. Justice Soumitra Sen, Judge, Calcutta
High Court ...more |
International Conference |
|
International conference of jurists on ‘Terrorism, Rule
of Law & Human Rights’ was held in New Delhi on December
13-14, 2008. text of the Inaugural speech of Justice K.G.Balakrishna,
CJI ...more
|
Above the Law |
|
In Frontiline; A.G.Noorani, Nov 2008...more |
Against the Law |
|
In Frontiline; A.G.Noorani, Nov 2008...more |
RTI and Judiciary |
|
CJI not exempt from RTI purview, CIC tells Supreme Court; Times of
India, Jan 7, 2009...more |
PF scam case |
|
PF scam judge transferred to Punjab and Haryana High Cout; Tribune,
Jan 7, 2009...more |
Too many case |
| In Frontiline; Nick Robinson, ...more |
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