The Brave Pedestrian

The present judicial system has long-term failure written into its DNA. It seems to throw up only short-sighted pygmies as Chief Justice of India -- men who don't feel sufficiently responsible and empowered to change the system. And so our Chief Justices just hold hearings and routinely plod along till they retire. Their only aspiration is to get a prestigious post-retirement government naurkri. This is a key reason for the continuous decline in our judiciary's performance. C hief Justices are not supposed to be pen-pushers. They are supposed to have a GRAND VISION of justice, the BIG PICTURE of the entire judicial system. Theirs is one of the most powerful jobs in the country. They are given the responsibility and independence to correct the bad practices of the past, to ensure that justice reaches the common man. The role of CJI is envisaged as not only a highly capable administrator of the entire judicial system, but also a visionary, leader and system-reformer. Image...

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!

It is amusing to find the Supreme Court lamenting that its writ does not run over High Courts. (See  http://tinyurl.com/HCs-not-listening  ) The fact is that the writ of Supreme Court and High Courts does not run over ANY LOWER COURTS. Litigants have learned the hard way that citing Supreme Court and High Court judgments is of doubtful value in any court, because judges freely ignore them. The belief that Supreme Court judgments establish a firm precedent to be obeyed by every court in the land, is total rubbish. Only idealistic civil-society members and activists still believe in the Law of Precedents. (See http://tinyurl.com/law-of-precedents-India ) Like  ·  Comment  ·  Share  ·

Judges focus on procedural issues, and give only a passing glance at the Fundamental Rights of citizens. The plaints and grievances for which justice-seekers want redressal are totally ignored. Rich and powerful people are better able to overcome procedural hurdles with money power, and so they have a chance to succeed. But the ordinary citizens of India are usually stonewalled by procedural matters, and so they fail to get effective redressal. Like  ·  Comment  ·  Share

Judiciary's failure is the biggest cause of corruption in government & administration. Reform judiciary first, and 80% of government corruption will disappear. Like  ·  Comment  ·  Share

Where the mind is without fear and the head is held high... Where the clear stream of reason has not lost its way Into the dreary desert sand of dead habit Into that heaven of freedom, my Father, let my country awake. -- Rabindranath Tagore Like  ·  Comment  ·  Share

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

Seeking judicial remedy is almost impossible for the common man. It is not just an uphill task, it is a Himalayan task. Our courts are NOT a viable option for dependent persons. It is also NOT for the poor, the very young, the elderly, and other disadvantaged sections. Judiciary is therefore accessible to a very small proportion of Indian citizens; arguably, less than 5% of India’s population can actually hope to get some remedies from the courts. Surely, this is NOT how the  Constitution intended it to be! So, must we still maintain a respectful silence, while we suffer without any hope of improvement in court functioning? Is this what is expected of us now? No. Never. Discussion about the need for judicial reform CANNOT be the sole preserve of eminent jurists. The unavailability of judiciary to the common man and his family members deeply concerns their Life & Liberty. If nothing else, this alone gives common people every right to discuss the deficiencies of the ...

"In some courts, such as motor vehicle tribunals, clerks and peons can go home with as much as Rs 20,000 on a good day," says a court clerk. "Services include giving back confiscated original driving license to the vehicle owners, and replacing them in the court's files with a colour xerox. As cases drag on for years, nobody takes notice of the replacement, although everybody knows." And that is why people who give the exam to be a class 3 or 4 employee often pay a bribe of Rs 3 to 7 lakhs to some judge, magistrate or influential insider who has reserved one or two seats for persons whom they will recommend. If clerks and peons start telling the inside story, even Chief Justices will not know where to hide their faces  smile emoticon Like  ·  Comment  ·  Share

It is against natural justice to punish a citizen for breaking a law if he cannot understand the law. But such injustice is happening everyday in India. Not only are citizens kept in the dark about the laws, they are kept in the dark about the structure and rules of the government’s law enforcement machinery (such as police), and of the judiciary. It is simply impossible for any citizen to defend himself and his legal rights, because… 1) Laws are so complex that citizens cann ot understand them. 2) Why only citizens? Even police, lawyers and judges don’t properly understand them. 3) Judges’ interpretations of various laws are at best roundabout and confusing, and at worst self-contradictory and perverse. 4) Clarificatory circulars issued by government, and also previous judgments of higher judiciary, are ignored or misinterpreted by many judges. Therefore, justice remains a theoretical thing in India. Like  ·  Comment  ·  Share

Judiciary is the clearest sign that India’s intellectuals are still steeped in dogma and superstition. The entire legal process is commercial exploitation of our blind faith. Lawyers and judges thrive on INTELLECTUAL DISHONESTY... and the best brains in the nation are cowed down by the sheer brazenness of this dishonesty. Please ask: How can three sets of lies cancel each other and lead you to truth and justice? But this is exactly what you are supposed to believe when you sa y, “I have full faith in judiciary”. Otherwise, it is contempt! Everybody in the courts -- and especially judges – know that both defense and prosecution-side lawyers earn their fees by telling half-truths, misleading the court and the client, tutoring witnesses or intimidating them, seeking adjournments and stay orders, suppressing material facts, ensuring placement of their case before “friendly” benches, etc. etc... And yet we are supposed to believe that the whole thing ends in discovery of truth and ...

The Indian State is keeping lakhs of people in jail without a trial for months and sometimes years, all in the name of maintaining law-and-order. It is called "judicial custody". By refusing bail and keeping people in overcrowded lockups, Indian police, public prosecutor and magistrate keep up the traditions of British ruling classes, showing the masses who is boss! The prevalence of lengthy judicial custody exposes the WILLFUL IGNORANCE OF WE THE PEOPLE. As long as you and I  are willing to look the other way and pretend to be unaware, our ruling classes will continue to systematically treat lakhs of our fellow-citizens like caged animals... until one day, it will be your turn, or mine. If you value your freedom, raise your voice against this evil practice. Don't remain a silent spectator. 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

Does judiciary protect the common people of India? Can an ordinary man or woman seek remedies by walking into police station or a court? Are the procedures something that they can understand? Does the court mechanism facilitate people who are in difficulty? Is it sensitive to their needs and constraints? Are lawyers helpful and understanding? I think we all know the answer. Like  ·  Comment  ·  Share

S Rajendra Babu, former Chief Justice of India, said, “Many of our poor fellow citizens have chosen to avoid courts and other legal systems rather than face intimidation, cost and time-loss in legal proceedings.” But it’s not only the poor! Even the middle-classes and the well-to-do have made up their mind that GOING TO COURT IS NOT A REALISTIC OPTION. Most people go to court in the heat of the moment, or they are given false hopes by lawyers. But they soon realize that they  have walked into a quicksand. They realize that there is MORE INJUSTICE IN COURT. A few people get sucked into an ENDLESS CYCLE OF COMPLAINING against lawyers and judges, and multiplying litigations in response to their sufferings in court. The whole lives, and life-savings, of lakhs of such people are consumed by fruitless litigation. Like  ·  Comment  ·  Share

Each and every judge carries the guilt of having been elevated to his current position by doing favours to government officials, politicians, senior counsels, etc. in exchange for recommendations to the collegium. His entire career is controlled by the collegium of judges at High Courts and Supreme Court. There are no rules, no benchmarks, no due process to be followed, and no reference to any institution created by any law; the words of the collegiums -- which are illegal -- are the only law. How can such judges and chief justices safeguard our fundamental rights against encroachment by the powers-that-be? And that is why the public finds that judges usually avoid taking action against corrupt government officials and politicians. That is because, as the saying goes, those who live in glass houses avoid throwing stones. Like  ·  Comment  ·  Share