Friday, July 12, 2013

Re: [IAC#RG] Are judges becoming too powerful ?

Some home truths indeed by Sarbajit Roy!


If that be so for the executive, the Commission has this to say about the judiciary: 'Judicial system has not been able to meet even the modest expectations of the society.  Its delays and costs are frustrating, its processes slow and uncertain.  People are pushed to seek recourse to extra-legal methods for relief.  Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'.
-REPORT OF THE NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION.

Of the 11 members in the Commission, including the chairman, 4 (M.N. Venkatachaliah, B.P. Jeevan Reddy, R.S. Sarkaria and Kottapalli Punnayya) were judges of the Supreme Court/High Courts, 2 (Soli J. Sorabjee and K. Parasaran) are advocates, 2 (P.A.Sangma and Sumitra G. Kulkarni) political nominees, 2 (Dr.Subhash C. Kashyap and Dr. Abid Hussain) bureaucrats and just one (C.R. Irani) representative from the media! So no prizes for guessing why Dr Kashyap has written in his Notes: 'The Chapter 7 of the Report is titled 'The Judiciary'.  This chapter particularly is seriously flawed and distorted. The much needed Judicial Reform issues have not been even touched or these got deleted in the final draft'? And, if you analyse why this remark had to be made, is spite of the preponderous judicial presence, you will perhaps understand how the Commission has failed us, the citizens, comprehensively!

Now this is what I have deducted from first principles:

Amoung the three organs of our Constitution the law-makers are controlled by the people, bureaucracy (yes, bureaucracy, because without the active support of the bureaucracy no politician can do any wrong!) and finally the judiciary; the law-enforcers are also controlled by the law-makers and the judiciary. And then there are the ears and eyes of the people- the media waiting to sensationalise every news involving the misdemeanour of these authorities. Inspite of such strict supervision and control all that we can hear these days are about politician-bureaucrat-underworld nexus even though the fact remains that none, worth the name, from this unholy nexus have ever been punished by the holier-than-thou judiciary.

So now think how bad a system can be which is not only NOT subject to supervision but also kept beyond critical observation. Well isn't our judiciary is just that? And do I need to recapitulate that quip: power corrupts and absolute power corrupts absolutely?

And here are some more:

1. There is at least one successful criminal lawyer behind every successful criminal!

2. And with every successful criminal lawyer there is at least one 'uncle' judge!

3. There are three types of criminals in this country:

      - the petty criminals who are caught and punished, sometimes for crimes not even known to them!

      - the professional criminals who are recognised, used but never apprehended or punished!  and

      - the unseen but most potent criminals- like the Octon of Mandrake comics or High Command in politics!

regards n bw

ravi

On Fri, Jul 12, 2013 at 6:44 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Reading the posts of members on this topic, I am truly appalled by the level of Pavlovian Conditioning being exhibited by some members.

Some random points:


1. The average Indian ('aam aadmi') attuned to maai-baap culture is unable to comprehend the true extent of corruption in the judiciary.

2. Many judges are corrupt, some judges are extremely corrupt. What is EVEN  MORE CORRUPT are some advocates who claim to be exposing corruption in the judiciary.

3. The judiciary has converted themselves into a self perpetuating (allegedly self regulating)  institution and with their lakhs of black coated vulture acolytes are a powerful SECRET SOCIETY and FRATERNITY (ie. women are treated with contempt and as sex objects).

4. A Chief Justice may be the "Pope" or a "Cardinal" or a "Bishop" but even he defers to a higher authority. Chief Justice Devinder Gupta - Grand Master of India

5. The Judiciary has a deep and interwoven Symbiotic relationship with the Government. There is no such thing as judicial independence, it is a myth. Today every member of a Court Bar Association usually declares that his "duty to the Court" is co-terminus with his "obligation to his client".

6. The only thing which guides / propels the Judiciary today is MONEY, POWER, LUST and all the attendant evils.

7. Today the honest judges and advocates, and there are quite a few of them, are so openly disgusted by the power structures and corruption, that they are content to be big fishes in their little ponds. You will usually find the most honest lawyers and judges practising away diligently in the lower / district courts - avoiding the High Courts and SC like the plague. I have seen a few good lawyers who became extremely bad judges when they crossed over to the Dark Side.

8. The 'Aam Aadmi' is extremely foolish if he thinks that Judiciary is the lesser evil compared to the Government. The Devil comes in many disguises speaking sweet words and hypnotising foolish people before cutting their souls/purse. These sugar coated judgments are crafted for publication in the corrupt paid media to make the common crowd swallow bitter medicine which strips citizens from their rights. Corrupt judgments are usually be so innocuous that even experts won't detect it till it it is used a a precedent for some truly serious highway robbery.

9. There are vast para-legal networks chugging away which can FIX anything anywhere.

10. Any sane person will stay as far away from courts and lawyers as possible and ignore everything they read / watch in the newspapers / TV about our great Judiciary which is "fixing" India's ills. These are all lollipops designed to keep aam aadmi tranquilised and the machine in business.


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You may also like to visit:
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