When we commit a crime, someone is going to punish us and also impose a penalty on us, they are Judges. But have you ever thought that there is someone to watch out for the judges who punish us? or Who will judge the Judges? So does anyone who checks whether they are doing their job properly or not? Is he delivering the judgment properly or not or writing the judgment properly or not or the time bonding process in our low.
Keeping that time limit in mind, are they giving the judgment or not? Or are they following the process of Judgment Mechanism or not? So there should be a judge’s accountability law on it which should not be doing its job properly. Some action should be taken against them also. So either that thing can affect their promotion or they can be transferred. Let us see and find out the answer to who will judge the judges?
Court fearing Indian People:- The common Indian is a god-fearing and court-fearing person. The confidence that people have in the judiciary seems to be extremely high- until they themselves have to go to court and ask for justice. Step into a chaotic court and this confidence in the country’s justice system simply erodes. The process is broken, long and expensive.
Interesting Judgments:
• Supreme Court ordered: ” a xxx worker cannot file a case alleging rape if her customers refused to pay her”. This judgment was criticized badly. This judgment was highly criticized and in a way, it was assumed that a sex worker can never file a case of rape and if he does, it will always be assumed. Who needed the money, then there has never been a rape on it or it cannot happen. Or if such a sex worker files a case of rape, then it will always be assumed that he does not get the money, so he is accusing him of rape.
• In 2016, the Supreme Court was directed to play National Anthem at the time of the start of a movie and every person needs to stand up at that time.
• In 2020, Arnab Goswami Bail was granted by Supreme Court. But Bombay High court was held that no bail can be given in this matter. Then the Supreme Court had said that if you do not give bail in this case, then in which case will you give bail? In this case, we can not say that who is right?
• In 2020, Prashant Bhushan was held guilty under the Contempt of Court Act. And court-imposed 1 rs fine on Prashant.
• Bail granted by Supreme Court to Former DGP Punjab. Punjab High court refused the bail of DGP. HC held that The matter is very old i.e.,30 yrs and till now the victim has not got justice, then we will not give bail because the victim should get justice. Then the case went up to Supreme Court and SC said that there was no requirement of arrest for 30 yrs. Then how did you get the requirement of arrest all of a sudden? And then SC grants the bail.
Who Will Judge The Judges
Real Tragedy
• I’m just going to come out and say it: our judicial system is out of touch with reality.
• It is time to seriously think of reform.
• But the real tragedy is that any attempt to do so is being thwarted by the judiciary itself.
A Genuine try for reform was killed:
• Way back in August 2014, in the wee little days of the Narendra Modi government, a bill was brought in that would dramatically change the ways our judges are appointed.
• It was called the National Judicial Appointments Commission (NJAC) and was one of the first items on the legislative agenda of this government. It was a small attempt to reform our judicial system and change it for the better.
• But then, in October 2015, the judiciary SC stepped in and killed it.
Earlier failed Attempt:
• JUDICIAL STANDARDS AND ACCOUNTABILITY BILL, 2010.
The JSA Bill was a legislative attempt at laying down certain judicial standards, introducing accountability mechanisms, and establishing less cumbersome processes for the removal of judges of courts across India. It was introduced in the Lok Sabha in December 2010 by then Law ( and Justice ) Minister Salman Khurshid.
• The JSA Bill was passed by the Lok Sabha in March 2012, after it had been put through a Standing Committee scrutiny. It, however, could not be taken up for discussion in the Rajya Sabha as Parliament was adjourned. , Such legislation has not been brought up, at least formally, ever since.
Constitutional Accountability:
• When it comes to having options for enforcement of accountability, we have only extreme ones such as impeachment.
• As history tells us, that too isn’t practically feasible, rendering it ineffective. But the impeachment process in the constitution is not at all practical to implement. Because 2/3rd votes are needed to impress the judge over there, which never happens. That is why to date no judge has ever been impeached in India.
Who will Judge the judges mentioned below
Justice Veeraswami Ramaswami
• Then Chief Justice of the Punjab and Haryana High Court was the first judge in post-independence India against whom impeachment proceedings were initiated in Parliament. The three-member committee was constituted to consider the charges that found him prima facie guilty of irregularities.
• On the day of the vote in the Parliament, all ruling party MPs abstained from voting on instructions of the then PM. This meant that even though every single other MP voted to impeach him and no one voted in his favour, the judge survived in office as the impeachment rules require 2/3rd members of the house to be present and voting. On the grounds of such a technicality, the impeachment proceedings were defeated.
Justice P.D. Dinakaran
Then Chief Justice of the Sikkim High Court Justice P.D. Dinakaran resigned before the trial impeachment motion could progress against him.
Justice Soumitra Sen
• Justice Soumitra Sen of the Calcutta High Court, the first judge in India’s history to be impeached by the Rajya Sabha, was found guilty of misappropriation of public funds. But he resigned before the impeachment motion against him could even be taken up any further.
Justice Dipak Mishra
• Chief Justice of India It was alleged that Chief Justice of India Dipak Misra was assigning important cases to junior judges, ignoring senior Supreme Court judges.
Huge Pendency of Cases
On accessing the National Judicial Data Grid, the information available is that 5.75 million cases are pending in the high courts ( HCs ) across the country, and 38.15 million cases are pending in the district courts ( DCS ) . • The total is a staggering 43.90 million cases.
Interesting Cases: In which we can think that who will judge the judges?
• In March this year, Vishnu Tiwari was held not guilty of rape by the Allahabad high court after he had spent 20 years in jail. The HC observed: “We are pained to mention that even after 14 years of incarceration, the State did not think of exercising its power for commutation of the sentence of life imprisonment of the present accused.
His case should have been considered but has not been considered . ”. What did he have after 20 years in jail – Rs 600 – that’s it! • No one is accountable for this tragedy.
• Six men were held not guilty by the Rajasthan high court in the 1996 Samletti blast case after they spent 23 years in jail without bail or parole. • Their lawyer was quoted as saying: ” They were named in multiple cases without any basis . “. They have been acquired in all the cases but after 23 years. ,
• Again, no one is accountable.
• In March, Dipak Jaishi a Nepali citizen was ordered to be released by the Calcutta high court from the Dum Dum Central Correctional Home after spending 40 years in judicial custody as an undertrial prisoner.
• He was alleged to have been involved in a murder in the Darjeeling district in 1981. No one held to be accountable!
Last truly amazing case:
• Another truly amazing case is that of Prem Chand.
• In 1982 a sample of turmeric was taken from his shop and found to be adulterated with four living mealworms and two live weevils. He was tried but acquired of the charge of food adulteration in 1995, after 13 years. It must have been a highly complicated case because 14 years later, he was convicted by the high court. Thereafter, it took 11 years for the Supreme Court to acquit him in 2020.
• Prem Chand spent 38 years of his life in the courts.
These are some cases, due to which our mind should think that who will judge the judges?