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Bar chorus for court clean-up

A day after the Supreme Court slammed the Allahabad High Court for some of its “incorrigible” judges passing orders on “extraneous considerations”, bar leaders on Saturday said it was time to stem the rot.

delhi Updated: Nov 27, 2010 23:20 IST
Satya Prakash

A day after the Supreme Court slammed the Allahabad High Court for some of its “incorrigible” judges passing orders on “extraneous considerations”, bar leaders on Saturday said it was time to stem the rot.

Former law minister Shanti Bhushan, who recently filed an affidavit in the apex court saying eight former chief justices of India were definitely corrupt, said, “I have been saying this for years. Now even the Supreme Court has said it.

“The real problem is that there are hardly any crusaders in the judiciary. Even honest judges try to defend the corrupt ones because they feel it’s one judicial family,” Bhushan said, hailing justice Markandey Katju as a crusader for having asked the Allahabad HC chief justice to clean his house by transferring the “incorrigible” judges.

Senior advocate Rajeev Dhavan said: “The SC’s comments point to a problem that exists in the judiciary. But Justice Katju can only protest…He has not provided any solution.”

Asked if transfer of “uncle judges” would solve the problem, former Delhi Bar Council chairman KC Miittal said, “There has to be a comprehensive, transparent transfer policy. In any case it can only be a temporary solution.”

Dhavan, who represents Tehelka in a contempt case, wondered why the magazine and advocate Prashant Bhushan should be hauled up for contempt when the SC itself was making such comments.

Maintaining that poor bar leadership has compounded the problem, Miittal said the Bar Council of India should come out with stringent norms to check “uncle judges” syndrome.

Former BCI chairman VC Mishra said: “The evil pointed out by the SC is not limited to the Allahabad HC. It is there in all other HCs as well.”

He, however, said transferring a dishonest judge from one HC to another was not the real solution. “No judge should join a high court where he had been practising as a lawyer.”

Lucknow-based Oudh Bar Association president RS Pande said the real problem was the secret appointment process. “It should be made more transparent and... after thoroughly checking the background of the candidates,” Pande said.

BCI chairman Gopal Subramanium said: “We will certainly take it up in our next meeting.”