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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 |
Government of India has recently declared that bill is proposed to be tabled in the parliament on the issue of declaration of assets by the judges. This bill mandates all judges to compulsorily declare their assets to respective Chief Justices. In light of this, Campaign for Judicial Accountability and Reforms have issued a public statement. Through this statement, CJAR has called 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 11th July 2009, strategic planning meeting of the members of CJAR was held. In this meeting, future course of action of the Campaign was discussed. In this meeting, apart from other issues, recently passed legislation "Gram Nyalalaya Act", 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 |
Recently, in a talk in South Asian Studies Department, Princeton, Prashant Bhushan delivered a talk on "Lack of Judicial Accountability in India". In this talk, Prashant has pointed how 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 Alter 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 |
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 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: "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 Converage |
Press
Release... ...more |
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 |
|
Students
Workshop |
A Half-day Students workshop on "Judicial Accountablity
and Reforms" was organised by the Campaign on Saturday,
October 18, 2008 at 6/5 Jangpura B, New Delhi fom 9 am
to 1 pm. ....agenda |
Panel
Discussion |
A
Panel discussion on "Judicial Accountability - Appointment,
Investigations and Removal" is organised by the Campaign
on Wednesday, September 17, 2008 at Plenary Hall, Indian Law Institute,
Bhagwan Das Road, New Delhi. ...background
note |
More News on Judges Scam |
| -
PM calls for introspection on judicial appointments;Sept 12, 2008
...more - A Rough Justice; Indian Express; Sept 10, 2008 ...more - UP cops want CBI probe against 34 judges; Sept 10, 2008 ...more - CBI can question two P&H High Court Judges; Sept 10, 2008 ...more - How to Judge a Judge; Sept 10, 2008 ...more - PF scam: UP getsflak for failing to order CBI probe; Sept 10, 2008 ...more - Stemming rot; Judges dont need complete immunity says CJI; Sept 10, 2008 ...more - Justice Sen not resigning; Sept 10, 2008 ...more - Judging the Judge; Sept 10, 2008 ...more - Kolkatta Judges case adds to judicial woes; Sept 09 , 2008 ...more - Why it's s difficult to remove a judge; Sept 09, 2008 ...more - Centre moves to impeach HC judge; Sept 09, 2008 ...more - CJI recommends impeachment of Calcutta HC judge; Sept 08, 2008 ...more |
Ghaziabad Judges Scam |
|
- The Hindu; July 15, 2008 ...more - Hindustan Times; July 15, 2008 ...more - Indian Express; July 15, 2008 ...more - Hindustan Times; July 13, 2008 ...more - The Hindu; July 08, 2008 ...more - Times of India; July 08, 2008 ...more - The Telegraph; July 08, 2008 ...more - ZEE News; July 04, 2008 ...more |
In
an attempt to settle the controversy surrounding the implementation
of Right to Information Act in the judiciary, the Central Information
Commission (CIC) has directed Supreme Court officials and the Department
of Personnel and Training to present their views on the matter.
|
In
a development unprecedented in the country's judicial history, the
Central Vigilance Commission (CVC), the government's anti-corruption
watchdog, has forwarded a set of complaints with allegations of
corruption and misconduct against former Chief Justice of India
YK Sabharwal to the government for further action. |
Contrary
to the Chief Justice of the Supreme Court recently said, the Right
to Information Act does cover 'constitutional authorities' ...more |
|
"...corruption
is another challenge we face both in government and judiciary".
Prime Minister in his address to Chief Ministers and Chief Justices
of High Court. ..more |
|
TWO RECENT judgements of the Supreme Court on judicial activism and PILs have expectedly generated a spirited controversy within the Supreme Court and outside about the scope and limits of the court's jurisdiction in PILs and about judicial activism in general. That is why a threejudge bench of the Supreme Court has decided to review the issues and lay down guidelines for PILs and judicial activism. ..more |
|
There are several instances where the Indian judicial establishment has tried to dilute the applicability of RTI to the courts and the judicial system. No matter what the issue, the penultimate interpretation lies with the courts, and RTI is no exception. ..more |
|
The
Second National Convention on "The Judiciary and The
Poor" was held on 23rd and 24th February, 2008 at the Indian
Society for International Law, 9 Bhagwan Dass Road, New Delhi. The
Convention passed a Statement which was endorsed by all the participating
organisations and Individuals.
...more |
|
The Campaign for Judicial Accountability and Reform had, on coming across documentary evidence showing serious acts of misconduct by Justice Jagdish Bhalla, the then senior Judge of the Lucknow bench of the Allahabad High Court, taken steps to request an inquiry into the allegations against Justice Bhalla. It now appears that despite the serious allegations levelled against him, on the basis of documentary evidence, Justice Bhalla may soon be elevated to the position of Chief Justice of the High Court at Himachal Pradesh. In these circumstances the only method left for getting these charges inquired into is through the process of impeachment under the Judges Inquiry Act, 1968. Three eminent jurists of the country, namely, former Union Law Ministers Mr. Shanti Bhushan and Mr. Ram Jethmalani as well as former Member of Parliament Mr. Fali S. Nariman have issued a call to all MPs cutting across party lines to sign the impeachment motion which has been drafted and is now being forwarded to members of parliament for their consideration. ...more |
|
|
| National convention on the "Justice
Delayed is Justice Denied" was held in Mumbai on 22nd-23rd
December 2007. It was organised by Janhit Manch. Invitation-pdf (10.4 KB); A Brief Report-pdf (114 KB); Photos-inaugral; panel |
|
Seminar on "Securing Judicial Accountability" |
The Seminar on "Securing Judicial Accountability." The Seminar was on the central Issue of Judicial Accountability in light of two broad issues, namely the freedom of speech and expression vs. the law of contempt and the establishment of an Independent National Judicial Commission. The panel was comprised of several eminent political
leaders, senior jurists and senior journalists who built a consensus
on the need for an Independant National Judicial Commission and
the need for a change in the archaic law of contempt. The Seminar
was well attended by the media, members of the bar, academics and
other members of civil society. |
|
Regional Seminar in Jaipur |
| On
8 th September 2007, a seminar was held in Jaipur on 'Right
to Justice & Judicial Accountability'. It was organized
by The Committee for Accountability and Judicial Reforms and Academy
for Socio-Legal Studies. A Brief Report-pdf (114 KB) |
|
Press
Conference was organised to highlight a grave case of Judicial Misconduct
at the Apex of the Indian Judiciary. It disclosed how the then Chief
Justice of India who had spearheaded the sealing drive was mired
in serious conflict of interest in as much as his sons were deeply
involved in the business of shopping malls and commercial complexes
who stood to benefit from this sealing drive. It was addressed by
Shri Shanti Bhushan, former Union Law Minister, Mr. Bhaskar Rao,
Chairman, Centre for Media Studies, and Mr. Prashant Bhushan, advocate,
Supreme Court among other. The Press Conference was attended by
40 news agencies and 80 participants. ...more |
|
The
Administrative Staff College of India, Hyderabad (ASCI) joined the
Centre for Media Studies, Delhi (CMS), which is one of the key constituents
of the Campaign for Judicial Accountability and Judicial Reforms
(CJAR), in organising a one – day seminar on the Judicial
Reforms in Hyderabad on June 20, 2007 held at Bella Vista campus
of Administrative Staff College of India (ASCI) on Rajbhavan Road
, Hyderabad. Hyderabad Declaration - pdf (69.7 KB); Concept note - pdf (184 KB); (photos) |
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| On 10-11
March 2007, the First People’s Convention on Judicial Accountability
& Reforms and was organised at New Delhi . Attended by over
200 people, the meeting saw active participation of representatives
of civil society organisations, eminent jurists, lawyers and concerned
individuals....more |
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For
establishing the National Judicial Council to undertake preliminary
investigation and inquire into allegations of misbehaviour or incapacity
of a Judge of the Supreme Court or of a High Court and to regulate
the procedure for such investigation, inquiry and proof, and for
imposing minor measures; and for the presentation of an address
by Parliament to the President and for matters connected therewith. Judges Inquiry Bill sparks a row - pdf (7.25 KB) |
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TV
journalist been asked to apologise for carrying a sting operation
exposing the corruption in judiciary. Media Overreached - pdf (6.9 KB) |
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Lakshmanan
was embroiled in a controversy last March when he broke down in
the court and refused to hear the disproportionate assets case against
the then UP Chief Minister Mulayam Singh Yadav saying he has received
an anonymous letter containing certain allegations and was under
pressure. Anonymous letter - pdf (24.5 KB) |
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Appointment
of Justice Ashok Kumar as a permanent Judge of Chennai High Court
has been challeged in Supreme Court. News articles - Times of India -pdf (6.93 KB) ; The Hindu -pdf (10.0 KB) |
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An Initiative
has been taken to institute informal judicial system at the village
level. These courts will not be constraints by following the CCP
and the EA and deal with the case involving claims/offences punishable
upto 1 lakh. Gram Nyalayas Bill, 2007 - pdf (177 KB) 114 LC Gram Nyayalya - pdf (8.22 MB) |
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Appeal
filed by the Union of India against the order of CIC in the case
of Shri SC Aggarwal who filed an RTI application to the President’s
Secretariat and Dept of Justice, Union of India to get the information
on the appointment of the Justice Vijendra Jain as Chief Justice
of Punjab & Haryana High Court. He was refused the information
and later filed an appeal to CIC wherein the CIC allowed the appeal
and asked the Union of India to give the information. The Union
of India moved to the Delhi High Court on the grounds that the Dept
of Justice is in fiduciary relationship with the collegium of judges
and will not be able to give such information to the third party.
A counter affidavit has been filed on behalf of Shri SC Aggarwal
for the vacation of the stay. CIC's order on application fees - pdf (25 KB) CIC's decision on High Court fees - pdf (18.8 KB) |
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There
was a time when the Courts in India , particularly the Supreme Court
waxed eloquent about the “Right to Information”, being
a part of the Constitutionally enshrined right to speech and expression.
Thus, while rejecting the government’s claim of privilege
on the Blue book containing the security instructions for the Prime
Minister in Indira Gandhi’s case, the Court said, “In
a government of responsibility like ours, where all the agents of
the public must be responsible for their conduct, there can be but
few secrets. The people of this country have a right to know every
public act, everything, that is done in a public way by their public
functionaries.” |
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A Transparency
International report released on Thursday says that 77 per cent
of respondents in a survey in India believe the judiciary is corrupt. |
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CJAR © 2007 |  |