Friday, December 01, 2017

012 Views of Mr. Narendra Modi in Conference of CMs and Judges, are subjective!


Outgoing-Retiring Chief Justices of India, express their anguish about the hundreds of thousands of cases piling up in Indian Judicial System, owing to shortage of Judges, Court Rooms. Justice Thakur was one among them. He emotion filled appeals also did not melt the hearts of our National Rulers, both of the UPA, and the NDA. Shri Narendra Modi, Hon. Prime Minister of India, is reported to have remarked, about the functioning of Indian Judicial System:--

Hon. Prime Minister's alleged Remarkybrao a donkey's personal view, not intended to be imposed on others
“...It is never too difficult to deliver justice within the boundaries of the law and Constitution. But it is very difficult to find the truth between perception and reality. It must be pondered over whether five-star activists are driving the judiciary today… if havoc is created to drive the judiciary. It has become difficult to deliver justice in an atmosphere of perception...”Hon. Narendra Modi may be pointing out his finger towards NGOs and Activists such as Ms. Teesta Setalvad, an Indian civil rights activist and journalist, reported to be the secretary of Citizens for Justice and Peace (CJP), an organisation formed for fighting for justice for the victims of communal violence in the state of Gujarat in 2002. CJP is a co-petitioner seeking a criminal trial of Narendra Modi, the then Chief Minister of Gujarat and the current Prime minister of India and sixty-two other politicians and government officials for complicity in the Gujarat violence of 2002 and whose names did not figure in any of the FIRs /charge sheets that formed the subject matter of the various Session Trials regarding the riots at that point of time.

No. of such Foreign-Aided litigations may be few in number. They need not be treated as nuissance. Ultimately when they are disposed off by the Judiciary as appropriate on merits, the Foreign Donors will get a message that their Finances were futile. On the other hand, if the Indian Government, or the Indian Courts shun such litigations, the Foreign Donors may use such as instances as their Publicity Material.

Problems of Law and Order in Indian States are essentially India's domestic internal issue, about which Foreign Organisations, and their branches-subsidiaries in India cannot have any locus standi. Their trying to interfere into India's internal affairs, that will not only be against Geneva Convention, but also, other priorities of Global Organisations will get neglected.

The Sufferings of the Indian Judicial System, and the activities of Foreign Contribution Beneficiary Human Rights Activists, may have to be dealt with separately. The Indian Judiciary can effectively deal with frivolous/vexatious litigation promoted by Groups receiving Foreign Contributions. Indian Judicial System does not need any prodding in this respect.

The problems of the Indian Judicial System are more serious, if we consider that Rule of Law is the backbone of our Democratic System. Indian Political Rulers cannot use Foreign-Promoted-Litigations pending in Courts, as a Lever to make Indian Judiciary subservant to Indian Politicians.


To come back and continue adding / deleting / modifying.

Monday, April 06, 2015

011 Justice should not only be done, but also should appear to have been done!



Photos courtesy

http://supremecourtofindia.nic.in/judges/sjud/hldattu.htm  
http://supremecourtofindia.nic.in/judges/sjud/kjoseph.htm


Readers can also see the biodata of the Hon. Justices at the above links.




Context

This is in continuation of my post No. 010 at this blog:  http://indianlawyb.blogspot.in/search/label/010


Hon. Justice Joseph expressed his inability to attend a dinner-cum-Conference of CMs and Justices hosted by Prime Minister of India, as it was held on Easter Day.


Justice Joseph has also raised some pertinent questions about future of Secularism in India, and also the particular act of holding the Conference on a day of Religious Importance.






"...I may with deep anguish bring to your kind notice that such an important conference shouldn't have been held when some of us, who are otherwise expected to be part of the event, are otherwise committed on account of the holy days when we have religious ceremonies and family get- together as well..."
 "...Such "serious programmes" were not held during Diwali, Dussehra, Holi, Eid etc. .."


"...Please don't think that I am striking a communal note. Only since I see institution like ours, which are otherwise bound to protect the secular ethos and project secular image as per mandate of Constitution, are slowly drifting away from the constitutional obligations, I thought of putting this concern in writing,..."

 Hon. Justice Dattu is reported to have replied:


"...has been questioned on the ground of inappropriate time, i.e. during 'holy and national holidays' and is being questioned by none other than my brother judge... "


"...More important than anything else is the agenda to be discussed at the conference, ranging from judicial reforms, computerization of courts and reduction of backlog among other issues.   "


"...The CJI and his two senior most colleagues and Chief Justices of HCs will be free from regular court work and be able to contribute to the cause of judiciary..."

"...The question that I have to ask myself, perhaps I can't ask you, is whether it is institutional interest or individual interest that one should give preference to. As far as I am concerned I would give priority to former and not to the latter..."
 

"Assuming that religious ceremonies and family get together are more important than institutional interest, you could have asked your family to join you in Delhi. By doing that you could have struck balance between the institutional interest and family commitments. ... Several other participants are coming from distant places, leaving behind families..."


"...We would have valued institutional interest more than family commitments, especially when fingers are being raised about the judiciary at all levels..."
 
More observations of Justice Dattu, in a similar instance of objection raised by an advocate Lily Thomas, as reported in the Media, when a similar Conference was held in 2009 on a Good Friday:

"... In 2007, the chief justices' conference was held on Valmiki Day, ..."

"...In 2007 and 2009, nobody had any grievance. Is it because I am CJI (chief justice of India)? What happened to spirituality back then? If you want to oppose it, please file a petition and let the court take a decision, ..."


Humble views of ybrao-a-donkey


We shall respect every word said by the Respectable CJI.  Let us accept for the time being that Justice has been done.  But, can we say that Justice appears to have been done?


Since 1984, we seem to have been working in a religiously charged atmosphere and environment.   Citizens, irrespective of their designations and occupations have started viewing things from the point of view of religion.


It may also be necessary, in National interest, to work even on all types of holidays, religious or otherwise.

Both in Private and Sector, employees  and executives have in fact, started working on such religious and non-religious holidays informally.

In my own personal case as an Officer of a Public Sector Bank, at least for 25 years, I worked on many Sundays, Non-Religious Holidays, and Religious Holidays, because work was too heavy and pressing.  To maintain efficiency, keep up promises to customers and superiors, safeguard the interests of the bank (and also safeguard one's own job simultaneously), such formal and informal work on holidays became inevitable. 


This dedicated and flexible approach directed towards achievement of goals and objectives has to be started

1. gently.

2. it should have been started by working on major holidays like Diwali which will affect most of the persons attending the Conferences.  Then, the CJI should have gauged the reactions of the bulk of the participants, instead of one individual Justice or Advocate, which the CJI could easily brush aside by preaching. 

3. "No compulsion / obligation to attend on the holiday" ought to have been communicated to the participants (except the top three Senior Supreme Court Judges whose presence was considered essential.   Abstaini8ng participants could also have been promised/ provided with videos / minutes of the Conferences, as may be necessary.


(To continue and revise depending on the sensibilities of the Readers and Receivers of this message).

Sunday, April 05, 2015

010 Independence of Indian Judicial System should be preserved


Photo courtesy http://en.wikipedia.org/wiki/H._L._Dattu .


010 Is a Conference of CMs & High Court Judges at Delhi on 5th April 2015 necessary?
010 Hindi language: kyA 5 April 2015 dinAnk dilli mEn huvA mukhya mantriyOm aur nyAyamUrtiyOm ke sabhA avaSya hai?


In my (ybrao a donkey) humble personal view, I feel that there is no need at all, of this Conference of CMs and Judges in Delhi.


If Government of India wanted to convey its opinions about the functioning of the Indian Judicial System, it could have conveyed in writing, through the Law Ministry to the Supreme Court officially.  An appropriate Bench or a Committee/Collegium of Judges of Supreme Court might have examined the issues raised by the GOI.


Prime Minister and Chief Ministers of States, better not to have a need and opportunity  to pontificate to CJI and judges on how they decide cases.  This is important because after the removal of Collegium System for appointment and elevation of Judges of High Court and Supreme Court, the Government of India has captured a dominant position over the judiciary. 


Though publicised as a dinner in honor of Judges, the meeting ended up in the PM and CMs giving directions to the Judges.  The meeting is nothing but a covert attempt to influence the Judiciary and the Judges.


In future, these dinner meetings may be converted into Review Meetings by PM and CMs, which do not run on EQUALS - TO - EQUALS BASIS, but may run as SUPERIOR - TO - SUBORDINATES basis.


(Those who are familiar with the functioning of Governments in India at different levels, can perceive them as open-house banging of bureaucrats by the politicians in power.  The hammered bureaucrats, depending on their personalities, may swallow the insults, receive them with one ear, and send them out through the other ears.  Nothing concrete will be implemented.  There may be some bureaucrats who implement the instructions of the political bosses ignoring the legalities and justifiabilities of the instructions.)


Hitherto, Indians believe that Indian Judiciary operates independently, at an equal level with the Executive.   Late Ms. Indira Gandhi, PMOI between 1966 and 1984 tried to tamper with this equilibrium.  Some Judges tried to co-operate with her, either because they were timid and compromising, or selfish.


Indians have to learn from history.  They may have to guard themselves against repetition of historic, historical errors.


Executives all over the world, customarily expect that Judiciaries do not intervene or interfere, when the State trods on the rights of its citizens, or when Executive indulges in repetitive injustices.

On the one hand Business Houses, Corporates, Industrial Houses try to influence the Judges by throwing baits of direct and indirect bribes.

On the other hand, the same Business Houses, Corporates, Industrial Houses, through bureaucrats and politicians (Executive) try to influence the Judicial decisions by sending carrots and sticks.

To safeguard against all these possibilities, customarily, Judges were-are-will-be expected to stay aloof from the forces and persons which are capable of, and which have a need to influence their decisions.  They are not expected to attend dinners, parties, clubs, accept felicitations, gifts -howsoever small they may be, and in the process place themselves in a position where knowingly or unknowingly they get carried away over a period of time.


Though Late Jawaharlal Nehru, Late Lal Bahadur Sastry (PMOI 1964-65) were somewhat exceptions(not fully), India did not experience Prime Ministers, Ministers, CMs, MPs, who were truly and ever enthusiastic to share their power with Judiciary.


In this context, it will be in the fitness of things if Judges stay aloof, as their ethical codes need them to, from the influencing forces, right from PM to India Inc.     (Corporate Business Houses of India, India Inc. are also called  Bombay Club).   Their power, though undocumented so far, is immeasurable, and proportionate to the money power they wield.



PROBLEM OF PENDENCY OF CASES in terms of chronology, quantity, quality.

For this problem, there are no shortcuts.  Large number of courts, in proportion to population are to be established. 

Large number of judges, in proportion to population are to be appointed. 

Infrastructure such as Computer systems, Telecommunication systems, Data Mining Systems, are to be created in sufficient quantities and qualities.

Methods of handling trials, appeals, reviews, framing of charges, framing of issues, service of summons, admission of evidence, submission of arguments and counter-arguments, examination of witnesses, have to undergo sweeping changes, WITHOUT DILUTING JUSTICE.

Justice Delivery Systems (Role of Ratio decidendi, Obiter dicta, Writing of judgements, communicating them, publishing them, etc.) have all to undergo substantial changes, WITHOUT DILUTING JUSTICE.

LOK ADALAT and ARBITRATIONS are not substitutes for proper enquiries, trials, appeals, reviews.  Devoid of proper systems and procedures, full of deviations, Lok Adalats and Arbitrations can never serve the cause of Justice or Jurisprudence.


LAST BUT NOT LEAST

Today, Indian Judiciary has no independent organs under its direct control to independent inquiries where the Government Departments (Revenue, Police etc.) fail in their duties, or perform them perfunctorily or with bias).  Judiciary should have its own Police Investigation Wing, for special investigations when seriousness warrants.

Today, Indian Judiciary has no independent organs under its direct control to enforce its judgements.  If the enforcing authorities (such as Revenue, Police) fail to enforce the court decrees, at present, remedy available is Contempt of Court proceedings.  Judiciary should have its own Enforcement Apparatus.


(To continue.  HINDI: sashEsh.)

sorry

This blog has been neglected for sometime past, as I was enamored with Vivekanandayb.blogspot.com, ramayanayb.blogspot.com. I am going to bring rejuvenate this blog shortly, to bloom it and take it to newer heights. Please bear with me, for a few weeks.