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Corruption in judiciary disturbing

I read V. Eshwar Anand’s article, “Corruption in judiciary: Time for action” (Dec 3). As the country is hit by major scams like the 2G spectrum allocation and the Commonwealth Games, corruption in the judiciary is totally unacceptable and needs to be checked urgently. The problem in the High Courts is worse than what Justice S.P. Bharucha visualised some years ago when he stated that 20 per cent of the judiciary was corrupt. With the Supreme Court’s observations on November 26 about the Allahabad High Court judges, the situation has become alarming.

The judiciary has no institutional mechanism to investigate and check corruption. The media cannot report much that is happening in the judiciary because of the contempt law. Expediting the process of impeachment is one remedy, but there is need for greater transparency in judicial appointments as the present collegium system is flawed. The country has no dearth of judges with impeccable credentials and integrity, but often they are overlooked.I welcome the Judicial Standards Accountability Bill tabled in the Lok Sabha recently. Let’s give it a try since it would replace the Judges (Inquiry) Act, 1968, and monitor the judges’ conduct.

S.K. KHOSLA, Chandigarh

II

The writer has put the judicial system in correct perspective. The existing in-built mechanism to deal with indiscipline and misconduct of judges has proved to be a futile exercise. The process of impeachment of judges is very slow and one does not know whether a judge will finally be impeached by Parliament given the manner in which Justice V. Ramaswamy’s impeachment motion fell in the House because of the Congress’ U-turn on the issue.

The selection of capable and upright judges holds the key to judicial reforms. Since the collegium system has failed to serve the intended purpose, the Union Public Service Commission should select High Court judges. Why not go in for Indian Judicial Service (IJS) on the lines of the IAS and IPS?

The Judicial Standards Accountability Bill, tabled in the Lok Sabha, seeks to set up a National Judicial Oversight Committee to monitor and discipline the judges. However, it should be vested with powers to remove and/or retire judges compulsorily. But then, this may require a constitutional amendment as a Supreme Court or High Court judge can be removed only by impeachment. Unfortunately, successive governments have done little to reform the judiciary. It is good that Prime Minister Manmohan Singh is evincing interest in this vital area.

Maj NARINDER SINGH JALLO (retd), SAS Nagar

Rape: how best to tackle it The recent gang-rape of a girl in the national Capital is shocking. (“Delhi remains crime capital: Women are the worst hit”, editorial, Dec 14). The weak and cumbersome criminal justice system is the root cause of the malady. When the offender knows that the complicated and tardy judicial procedure will ultimately result in his acquittal, it motivates him to indulge in this crime. Till the completion of the trial, one has to cross many stages such as the victim’s medical examination, framing of charges, statements of the accused, the victim and the witnesses, trial, examination, cross-examination and then conviction or acquittal. This is not the end of the story. Then begin the stages of appeal till the final delivery of the judgement… During this whole process, the victim will have to undergo trauma and fear whereby she may be pressurised by the offender by inducements to retract her statements. What else can be more beneficial for the accused when he can take advantage of so many loopholes in the criminal justice system? Three basic changes are required urgently. One, the Centre must fix a reasonable time limit for the disposal of rape cases. Two, the victim must be involved in the criminal justice process rather than treating her as a prosecution witness. She must be periodically informed of the proceedings. And three, the victim should be taken care of psychologically and financially by way of paying her adequate interim and final monetary compensation. It must be mandatory to rehabilitate and help her in adjusting with society as rape puts a societal stigma on her. SUNAINA, Research Scholar, Dept of Laws, Panjab University, Chandigarh

Scams galore

Had the 2G Spectrum scandal happened in the US or the UK, former Union Telecommunications Minister A. Raja would have been jailed for 500 years long back (i.e. at the time of issuance of licences to 122 firms itself) after a three-month trial. However, in India, nothing happens and the culprits try to take advantage of the long judicial delays and pull the wool in the eyes of the judges. Of course, there is no scope for scams of this gigantic magnitude in the West, given the rigorous and efficient administrative and criminal justice systems in those countries.

India is reeling under rampant corruption, price rise, unemployment and several socio-economic problems. We need a new generation of leaders who will help resolve these problems and take the country forward. Our present-day leaders have failed the nation and the country is desperately pining for a change. Corrupt leaders, politicians and bureaucrats must be tried on fast track and put behind bars. The best place for them is the cellular jail in Port Blair. But who will bell the cat?

Dr U.S. BANSAL, Chandigarh

Super Saina

Shuttle Queen Saina Nehawal has won Hong Kong Open Super Series and now she has become World No 1 Ace Indian Shuttle by winning the fifth title this year. Really she is the superstar of Indian sports. After her debacle in Asian Games, Saina’s hard work and strong determination brought her from fourth to first place. It is a great moment of pride for our country. Keep it up Saina!

KAMALJIT MALWA, Mansa