Who Will Judge the Judges?
In recent weeks, India has witnessed some
unsettling incidents involving the judicial system. One such case was the
discovery of sacks of burnt currency notes at the residence of Justice Yashwant
Varma. Despite his claims that he had no knowledge of the money, the incident
left many questioning the integrity of the judiciary. In response, the Supreme
Court transferred him to the Allahabad High Court. This move, however, sparked
protests from the Allahabad Bar, with its president, Mr. Anil Tiwari, stating
that the court should not be treated as a "dumping ground" for
controversial judges. He expressed concerns that the public’s faith in the
judicial system had already been eroded.
In another troubling case, the Allahabad High
Court ruled that actions like "grabbing the breast and breaking the pyjama
string" were not sufficient grounds for rape charges. The Supreme Court
swiftly stepped in, criticizing this insensitive judgment, especially since the
case involved two men accused of sexually assaulting a minor. The Supreme Court
stayed the order, underlining the need for more responsible decisions from the
judiciary.
Seventeen years after the infamous
"cash-at-judge’s door" scandal, a special CBI court acquitted former
Punjab and Haryana High Court judge Nirmal Yadav and four others in the case.
The controversy began when a packet containing ₹15 lakh was allegedly delivered
to the residence of Justice Nirmaljit Kaur in 2008. The money was believed to
be a bribe to influence a property deal, raising serious concerns about
corruption within the judiciary.
During my corporate career, I had the
privilege of interacting with several top legal minds, including Harish Salve,
Kapil Sibal, and Abhishek Manu Singhvi. What I learned from these experiences
is that, no matter how expensive a lawyer you hire, getting timely justice
seems to be more about fate than anything else.
Here’s a classic example from my own
experience: In 2014, without any proper inquiry by the auditor or the
collector’s office, a demand was made for stamp duty and interest amounting to
₹34 lakh. I appealed to both the Revenue Court and the Commissioner’s office,
but both rejected my case. Eventually, I filed a writ petition in the High
Court. Despite no hearing, the court instructed me to pay the stamp duty first,
and then the case would be taken up. Ten years later, the matter is still
pending. The most bizarre part? The stamp duty was levied on an
"alleged" constructed building — and everyone, including the
Collector, knew there wasn’t a single brick on the land! In fact, the land was
just 2 km from the Collector’s office. Sounds funny, right? But it’s true.
The world’s biggest democracy certainly
deserves better treatment for the common man!!!