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Thursday 21 July 2011 Government 2.0: The Road Ahead
Bill for probe panel against errant judges cleared

The bill will provide for retention of the law for impeachment of errant judges by Parliament and would also provide information to the probe panel

New Delhi: Indian Cabinet has paved the way for enacting a law for setting up a panel to be headed by the Chief Justice of India to probe allegations of corruption and misconduct against judges of higher judiciary.

For establishment of the panel, to be known as the National Judicial Council (NJC), the cabinet decided to introduce the Judges Inquiry (Amendment) Bill, 2008, in Parliament after withdrawing the previous bill of 2006 from the Lok Sabha, Finance Minister P Chidambaram said.

He said the bill would incorporate some of the recommendations of the Parliament panel headed by Rajya Sabha Member S Natchiappan, which had examined the Judges Inquiry Bill, 2006, introduced in the Lok Sabha on December 19, 2006.

The Finance Minister said the new bill will be introduced in two parts with the first part providing for retention of the law for impeachment of errant judges by parliament, while the second part will provide for the formation of the NJC.

The council will then probe the allegations of corruptions and misconduct against the judges of higher judiciary and recommend suitable actions against them, Chidambaram said.

"The new law, besides imparting greater transparency in the functioning of higher judiciary, will also enhance its prestige," he said.

The Minister said that the NJC would be an all-judges panel, which is vital for ensuring judicial independence.

The 2006 Judges Inquiry Bill had envisaged formation of an NJC with the Chief Justice of India as its chairperson, besides the two senior most judges of the apex court and two high court chief justices as its members.

The new bill will also repeal the Judges (Inquiry) Act, 1968, which provides for an in-house enquiry by an ad-hoc committee set up by the chief justice of India into the allegations of corruption against the judges of higher judiciary.

The bill to enact the law for establishing NJC will be introduced in the next session of parliament beginning October 17.

The cabinet decision to expedite the enactment of the law for formation of the NJC comes on the heels of Chief Justice KG Balakrishnan's recommendation to the Prime Minister to initiate the impeachment process and sack Calcutta High Court judge Soumitra Sen, found guilty of financial bungling by a judicial panel.

What is happening in Metropolitan Magistrate court? Forwarded copy
To,

Hon’ble Chief Metropolitan Magistrate, Esplanade Court Bombay

Repeated BMC cases U/Sec.354 against accused Barred by Cr.P.C Sec.300. & Article 20(2)

IN THE COURT OF METROPOLITAN MAGISTRATE’S 42ND COURT AT BOMAY

1. (U/Sec.354/475A B.M.C. Act & filed U/Sec 68,dt.14/7/06)

2. (U/Sec.354/471 B.M.C. Act & filed U/Sec 68,dt. 9/3/89

B.M.C. ‘L’ Ward, ...Complainant(legal Asst.)

V/S

Chandrakant S.Sao ...Accused

Points for administrative action against Metropolitan Magistrate Shri M.R.Purwar.

1. Ld.Judge Shri M.R.Purwar has dictated the order on 20-3--09 under Ex.P-1 (complaint) behind back of Accused and without knowledge of Accused and Betrayed faith of accused.

2.Concealed the same from Accused. Accused was suspicious about authenticity of dealing this criminal case (without Mensrea) by Ld.Judge Shri Purwar, took inspection of the brief and immediately applied for certified copy on 1-9-2009 and obtained same on 8-9-2009

3. Ld.Judge has not given exhibit number to the Vital Assessment of said property in name of Laxmibai and not accused. Prima facie case for disposal U/Sec.245 Cr.P.C

4. Authorities referred by prosecutrix Mrs.Vandana Sawant and relied upon by Ld. Judge, not found in the brief. Not given copies to accused to check up Relevancy and to file his reply

i) Sudarshan Devidas BhoreV/s. Jagjeetsing Charagiya , 2006 All MR (Cri)3154 Bombay High Court

ii) State of M.P.V/s S.B.Johri and Others AIR 2000 S.C. 665

5. Application dated 19-6-2009 U/sec. 344 of Cr.P.C. with Supreme Court authorities demanding action against complainant P.P.Dhawade is missing from brief.

Mahila Vinod Kumari v. State of M.P.,(2008) 8 SCC 34, at page 37

6. In absence of accused Ld.Judge has permitted complainant to use brief for writing remarks.

7. In spite of application for certified of entire brief, copy of the Roznama is not given.

8. Documentary evidences, BMC notice, copy of the complaint- case no.164 MB/1989 U/Sec.354 though taken on record not given Exhibit numbers.

9. On 16-10-2006 accused tendered application for Sine die adjournment in spite of that 11-12-09 next date given?

Accused pray to transfer this case to territorial Juridiction at Kurla Court Bombay .I am handicapped person therefore seek leave of this court send electronic reply.

Dated this 20th October,2009

Judge is presumed to Know law and is expected to apply correct law, whether or not reliance is placed upon it by either party. No doubt the parties rely upon the law favorable to them but their negligence in doing so does not justify any court to decide a case contrary to law.

Authority: State of Bihar V/s Sitaram Sahu AIR 1965 Pat 477

Accused

Chandrakant S.Sao

Desirous of Judicial reforms,

Advocate of High Court,Bombay

C.C to:

1.CJ High Court Mumbai

2. CJI Supreme Court of India

Accountability of Judges in judiciary is very important aspect in democratic country like India.
The move of Cabinet and Chief Justice of India to sack corrupt judges will increase confidence of
people in judiciary.

There are instances to show that even some of High Court Judges

  1. Do not have sound knowledge of high court rules and interim orders passed are prejudicing.
  2. Judges do not come prepared studying the cases and have tendency to favour senior advocates and some times do not hear party in person.
  3. Judges have supreme power and some times they misuse the same to help certain senior advocate for the best reasons known to them.
  4. It is a duty of the Judge to hear all parties/litigants patiently before coming to a conclusions.
  5. What regards one should have regarding Judge who vacates interim order in favour of plaintiff just on assumptions of the facts without going into evidence on record.
  6. Each and every Judge is paid separately therefore some one exhibits grievances wrong conclusions of earlier judge it is duty of Judge to look matter to avoid multiplication of litigation.
  7. Every person has constitutional right to come to court. File case and take out notice of motion.
  8. What regards one will have regarding judges when party in person/plaintiff is awarded exemplary damages worth Rs.25,000/- without perusing case//evidence, even when documents produced are sham. Court of justice closing doors to litigant in person.

Therefore representation form must be perfect and give clear picture of the case to avoid injustice.
There must be reform in conducting judicial proceedings.
Advocate Chandrakant S Sao
High Court,Mumbai

Finance Minister was rightly stated that this move will higher the prestige of judiciary. Right now India is facing crucial time, as the crime rate is drastically increasing. The cabinet's move and Chief Justice's decision to sack the corrupt High court judge increased confidence and faith among common men for country's judicial system. Law has to be equal for every one, no matter how high post he is holding.

Its a exceptionally right development that there is sign of accountability in judiciary.

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