New Delhi, February 6
In apparent warning to the judiciary against corruption as was evident in the issuance of warrants against President A.P.J Abdul Kalam, Chief Justice of India V.N. Khare and a Supreme Court Judge by a Gujarat magistrate allegedly for a bribe of Rs 40,000, the apex court today said it wanted to cure the malady in the judiciary and uphold its purity.
“This is an exceptional case. We want to cure the malady in the judiciary of the country. We are for purity of justice,” said Chief Justice Mr Khare, heading a three-judge Bench hearing the case, which was exposed in a sting operation by a Zee TV reporter.
Stating that the expose had struck at the roots of the judicial system, the Bench, with Mr Justice S.B. Sinha and Mr Justice S.H. Kapadia as the other two judges, in a stern reminder directed suspended magistrate M.S. Brahmbhatt and three lawyers, Mr Narender Chaudhary, Mr Harish Bhawaniwala and Mr Iqbal Katia, allegedly involved in the case, to submit their affidavits by February 11.
The court also took serious view of a group of lawyers beating two TV reporters in retaliation to the expose and issued notices to the Gujarat Government, its Chief Secretary, the Director-General of Police, Ahmedabad, and the Police Commissioner and the DCP of Meganinager, where the incident took place, seeking their replies by February 13 when the matter would be heard further.
The notices were issued on an application signed by 129 mediapersons from Gujarat.
Meanwhile, the CBI, which was asked to probe the case, today submitted its status report in a sealed cover. But the Bench did not open it and directed it to be deposited
with the Registrar-General of the court.
The stern stand regarding the “judicial misconduct” was taken by the court when senior advocate Sushil Kumar, appearing for one of the three lawyers, sought to know whether they would be required to file affidavits because lawyers were protected for their role as advocates in a case under the law.
“The incident has struck at the root of the fundamentals of the judicial system. Do not ask us to apply niceties of law in this case,” the Chief Justice told Mr Sushil Kumar.
When Mr Sushil Kumar sought to know whether the lawyers would be treated as accused in the case, the court made it clear that they would have to file their replies and it was for them to see what their status was. This question would be decided after receiving their replies, it said.
On the issue of attack on journalists, brought to the notice of the court on behalf of the scribes by advocate Kamini Jaiswal, Attorney-General Soli J. Sorabjee said: “It was a serious matter and the state government should be asked to submit details about the steps taken by it to protect the media.”
