The Brave Pedestrian

To The Secretary Department of Justice, Govt of India New Delhi. collegium-suggestions@gov.in collegium-improvement@gov.in Suggestions to improve the working of Collegium System for appointing/elevating High Court and Supreme Court judges Dear Sir, Thank you for soliciting public opinion on this important issue. Appointment and elevation of judges of the higher judiciary is indeed the key to ensuring efficient and unbiased administration of justice for citizens of India. My humble suggestions are as below: Transparency 1)     Judges desirous of being selected, elevated or transferred should be required to formally apply to the collegium, clearly stating their own eligibility for such selection or elevation. 2)     Individual members of the collegium may propose or support eligible candidates for selection, elevation, transfer to a different High Court etc., but this should be done in writing to the chief of that collegium (Chi...

Amazing how easily our courts grant stay orders, even to known criminals and offenders. if the right senior counsels appear, stay orders may be had for the asking! In this way, higher judiciary plays a big role in OBSTRUCTING IMPLEMENTATION of laws, rules etc, and enabling offenders to evade law enforcement agencies, "under cover of the judiciary's robe". Bravo, Milords! Why does Indian judges have such lax moral standards for granting a stay? Crooks take advantage of it!

Have you experienced frustration while explaining an obvious point to a judge, who just can't get it? For instance, you keep pin-pointing a self-evident document, but the judge just refuses to see the obvious! Many litigants and their advocates are familiar with this situation.  On the other side, some people are delighted when a judge misinterprets the facts in their favour despite all evidence  to the contrary -- because they get an undeservedly favourable judgment without even struggling for it! The other party is left tearing out its hair in sheer frustration, while you go home smiling! Of course such things happen because of corruption among judges, and the face-value of senior counsels -- but it also happens because of the outright insanity of some judges. Because of simple statistical probabilities and the natural aging process, some percentage of our judges become borderline-insane. A bit soft in the head. Slightly senile. Or have over-inflated egos because of all ...

Amazing how easily courts grant stay orders for the asking! Higher judiciary often OBSTRUCTS IMPLEMENTATION of laws, rules etc, and enables offenders to continue "under cover of the judiciary's robe". Like  ·  Comment  ·  Share

Peep through the wall of secrecy behind which appointments and elevations happen in higher judiciary. Politics, lies, sex and money-trails lurk within. The public got a hint in a viral video showing a senior lady lawyer giving sexual favours to Adv. Manu Singhvi, in hopes of being recommended for judgeship. The matter was hushed up with money. Media did not raise the issue again. Big Ticket lawyers like Manu Singhvi, Kapil Sibal and Arun Jaitley are middlemen or puppet masters who make judicial appointments happen. They are king-makers or "judge-makers". Like  ·  Comment  ·  Share

Many lawyers who defend habitual criminals BECOME JUDGES in the normal course of events. Our justice system mandates lawyers to defend criminals by using all methods fair and foul. Successful lawyers are invited by the Bar Council to become judges. Such judges have an inclination to obstruct the prosecution, enable destruction of evidence and intimidation of witnesses, to help criminals go scot-free... don't they? Many judges at all levels of judiciary, including chief justic es, have such track records. By throwing procedural obstructions in the path of prosecution with endless adjournments and stay orders, and knowingly creating circumstances for destruction of evidence and intimidation of prosecution witnesses, they help criminals escape punishment. This fatal flaw in our judicial system is generally overlooked. We need to change this grave flaw in the system of appointing judges.   Like · Comment · Share

High court judges nowadays are unusually eager to dismiss Public Interest Litigations (PILs). They go to great lengths to avoid admitting PILs. They show great zeal in defending the corrupt government from citizens. Is it because they are beneficiaries of government generosity? Like · Comment · Share

The procedural delays and difficulties posed by the judiciary are NOT accidental. It is not by default, it is by design. Judiciary is designed to throw obstacles in your instinctive quest for justice. It is a tried-and-tested mechanism for INSTITUTIONALIZED DELAY & DENIAL OF JUSTICE. Judiciary gives you INJUSTICE IN MEASURED DOSES. The mindset of judges and lawyers is NOT to discover truth and give you justice, but to mercilessly break your will and subjugate you. It is their  habit to behave in this manner. In the eyes of judiciary, we continue to be subjects -- just as we were before 1947. And that is why judiciary is not answerable to the citizens. Its true purpose is to give you the feeling that you are weak, your fundamental rights are worthless, and your life and liberty are at the whims and fancies of the ruling class. Before Independence, our British rulers used the judiciary, police and army as instruments to suppress and silence Indians, who were their SUBJ...

India's judiciary is NOT a thinking institution, and it does not share our democratic temperament. The only way it allows a reformist citizen to approach it is as a litigant, through a Public Interest Litigation... but there, it sits in judgment on its own cause. Needless to say, it fails to see the need to change its self-indulgent ways. Judiciary does not have any forum where citizens, judges, lawyers and others can sit down together and discuss as EQUAL STAKEHOLDERS. Such  a forum is not possible, because of its superiority complex and self-righteousness. This institution is therefore incapable of introspection, reflection and self-correction. This ancient fossilized institution is a repository of all the monarchical bad-habits that were discarded by the British in the last century. It has no temperament of liberalism or reformism. It is not open to correction from government or citizens... and that is the reason We The People will have to dismantle the entire judicia...

How "Uncle-Judges" enable the family members of their brother-judges, practicing in the same court, to exploit their relationship to get favourable orders and become super-rich -- Shanti Bhushan reveals the modus operandi. Like  ·  Comment  ·  Share

Markandeya Katju said Allahabad HC was a hotbed of “uncle judges” who favoured the family members of their brother judges – enabling them to become very successful as lawyers, and very rich soon after launching their practice. Like  ·  Comment  ·  Share

Can such judges be impartial? Tehelka found that 35 of the 70 judges in Allahabad HC had kith and kin in the same court, people they knew intimately outside the courtroom and who could derive advantage from these close relationships. Read this Tehelka article on uncle-judges and nephew-lawyers: http://bit.ly/1C9AVHv Like  ·  Comment  ·  Share

The government is the biggest litigant in the country, accounting for about 20% of all cases in all sorts of courts. It is the single biggest source of funds for the legal community -- often paying indecent amounts of money to counsels and law officers for defending or appealing cases that are indefensible. Is it any surprise that the government is the most favoured litigant? Judges are openly biased in favour of the government. Public Interest Litigants usually find this out the hard way. Most PILs don’t get admitted, or are summarily disposed of with a weak and ineffective order. Like  ·  Comment  ·  Share

It is wrongly believed that Judicial Appointments Commission Act is now giving government a say in the appointment of judges. The government has always had a say in appointing judges, albeit from the back door. The JAC will only bring the government's role out in the open. Peep through the wall of secrecy behind which appointments and elevations have been happening in higher judiciary. Politics, lies, sex and money-trails lurk within. The public got a hint in a viral video sh owing a senior lady lawyer giving sexual favours to Adv. Manu Singhvi, in hopes of being recommended for judgeship. The matter was hushed up with money. Media did not raise the issue again. Big Ticket lawyers like Manu Singhvi, Kapil Sibal and Arun Jaitley are middlemen or puppet masters who make judicial appointments happen. They are king-makers or "judge-makers" who act on behalf of government and business lobbies. Like  ·  Comment  ·  Share