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Updated: Sep 27, 2008 8:56 AM

The Constitutional Powers of ‘Independent Judiciary’
An additional an alternate method for punishment and removal of any corrupt judge as suggested by Hon’ble former CJI J S Verma

Submission by: Balbir Singh Sooch, Advocate, Ludhiana

The internal mechanism to inquire into the serious charges of corruption is very appreciable and in addition to the impeachment as an alternate method would the best provision for punishment and removal of any corrupt judge if finally added in the Indian Constitution by the parliament as suggested by Hon’ble former CJI J S Verma in a discussion on ‘LOK SABHA’ TV channel recently otherwise, the Constitutional Powers of ‘Independent Judiciary’ are at Stake.

The attempt to erode the Constitutional Powers of ‘Independent Judiciary’ by exploiting, exposing the human weakness of greed of judges, deliberately and intentionally, in a planned manner (through defective appointments like incapable and politically biased judges etc) witnessed since long and its result remained more disastrous as a set back to establish ‘Rule of Law’ in the country so far as already said. 

Former CJI J S Verma had rightly blamed the government for not acting against a High Court judge whose impeachment he had recommended during his tenure as CJI in 1997-98 and Justice Verma had also said the CJI cannot do anything beyond recommending impeachment and it is for the executive to act, said in an interview to English daily Mail .

September 27, 2008

For References:
Cash Scam
3-Judge panel arrives tomorrow
Saurabh Malik
Tribune News Service
Chandigarh, September 26, 2008

The three-Judge committee, constituted by the Chief Justice of India for looking into the cash-at-judge’s doorstep case, is

apparently initiating its probe from the very first link for establishing the chain of events.

Justice Nirmaljit Kaur, on whose behest the first information report was registered by the Chandigarh police last month, is among the first ones the committee members will meet.

The panel is scheduled to arrive in the city on Sunday. Arrangements have been made for the stay of the committee members at the UT guest house.

It is learnt that the committee has sought the assistance of Justice Nirmaljit Kaur of the Punjab and Haryana High Court to unravel the truth behind the scam that surfaced on August 13 after Haryana law officer Sanjeev Bansal’s clerk erroneously delivered Rs 15 lakh at her house.

A team of the Central Bureau of Investigation (CBI), now looking into the case, has already taken Justice Nirmaljit Kaur’s help in the matter, as it was her clerk Amrik Singh who had formally submitted a complaint in the matter to the police.

The committee consists of Allahabad High Court Chief Justice Hemant Laxman Gokhale, Jammu and Kashmir High Court Chief Justice K.S Radhakrishnan and Justice Madan B. Lokur of the Delhi High Court.

Available information suggests Justice Gokhale committee, during its three-day visit to the city, will examine Justice Nirmal Yadav, whose name had surfaced in the statements of one of the accused in the case.

Already, Justice Nirmal Yadav has gone on leave after Chief Justice Tirath Singh Thakur took serious note of the scam. Justice Yadav is unlikely to have gone on leave voluntarily, whatever her claims.

The committee is also associating in its inquiry prime accused Sanjeev Bansal and his clerk, along with co-accused in the scam Ravinder Singh and Rajeev Gupta. Bansal is currently in judicial custody and his bail application is pending, while Ravinder Singh’s has been remanded in the CBI custody till Saturday.

Arrangements are being made to ensure their production before the committee by the CBI. It is believed that a special team of CBI from Delhi arrived in the city this morning to facilitate the probe by the committee.

The panel has been thought of by the CJI, Justice K.G. Balakrishnan, as an internal mechanism to inquire into the serious charges of corruption that have come to the surface involving a judge of the high court. The members will be submitting their report to the CJI at the earliest possible.

The Constitutional Powers of
‘Independent Judiciary’ at Stake
Balbir Singh Sooch, Advocate, Ludhiana

The Constitutional Powers of ‘Independent Judiciary’ at Stake-It seems to erode the Constitutional Powers of ‘Independent Judiciary’ in India, the human weakness of greed i.e. of the Judges is being exploited, exposed, deliberately and intentionally, in a planned manner since long and its results could be more disastrous as a set back to establish ‘Rule of Law’ in the country.

September 24, 2008
Judges cloud in PF scam: SC tells CBI to probe

Express news service
Sep 24, 2008 at 0121 hrs IST

New Delhi, September 23 The Supreme Court today asked the CBI to investigate the Ghaziabad Provident Fund (PF) scam in which names of several retired and serving judicial officers and judges cropped up as alleged beneficiaries of illegal diversion of funds from employee PF accounts.

In the chargesheet filed by the Ghaziabad police, however, none of the 34 judges — one from SC, eight from Allahabad HC, one each from Uttarakhand and Calcutta HC and 23 from the subordinate judiciary — is named as accused.

On how the CBI should proceed with interrogation of judges, the bench, comprising Justices Arijit Pasayat, V S Sirpurkar and G S Singhvi, said: “There is no need to deal with that aspect at the present juncture.”

It was the alleged involvement of judges that Ghaziabad SSP and UP Director General of Police cited expressing their difficulty to proceed with the investigation. The bench asked the CBI for a status report within three months.

PF scam accused nailed judges in confession

Uttar Pradesh recommends CBI probe into Ghaziabad PF scam

Clear stand on CBI probe into PF scam: SC to UP

After counsel remark, angry SC judge takes himself off PF case

PF scam: counsel argues judges can’t have immunity

The bench ordered the UP Government to help the CBI and asked the Investigating Officer to take charge of all documents, depositing copies with the apex court

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Copyright © Balbir Singh Sooch, Chief and Spokesperson, Sikh Vichar Manch, Ludhana, Punjab (India)