Errant Judges and Secretive Collegium of the Supreme Court

In his most recent blog post Justice D Y Shylendra Kumar of the Karnataka High Court comes down heavily on the manner of functioning of the collegium of the Supreme Court of India which he says has drawn flak from all sections of society and "it is a matter of utmost concern and even a matter of shame for the members of the judiciary that the collegium of the Supreme Court is blissfully remaining insensitive to public opinion/reaction, but, is only playing GOD..." Find here his recent open letter to the Chief Justice of the Karnataka High Court

Resolution passed at the CJAR 3rd National Convention 2010

The two day 3rd National Convention on “Making the Judiciary Accountable and Responsive to the People” organised by the Campaign for Judicial Accountability and Reforms was held at the Nehru Memorial Library, Teen Murti House, New Delhi on the 6th-7th of February 2010. The Convention was attended by over 200 people representing various organisations and movements from across the country. The Convention was addressed by a range of distinguished speakers on the twin issues of judicial accountability and reforms specifically dealing with the issues of appointment of judges and complaints against and removal of judges, the judiciary and public discourse, the judiciary and the environment-development dichotomy, the judiciary and civil liberties as well as the judiciary and the poor. Read here the backgroudnote i resolution passed at the conclusion of the convention and highlights of Day 1.

CJAR letter to the Vice President regarding the enquiry committee in the Justice Dinakaran impeachment

The Campaign for Judicial Accountability and Reform has sent a letter to Shri Hamid Ansari, Vice President of India, regarding the 3 member enquiry committee appointed to enquire into the motion for removal of Jusitce P.D. Dinakaran. The letter brings to Shri Ansari's notice that Justice Sirupurkar’s friendship with Justice Dinakaran, coupled with his prejudgement of the matter, places him in a position where if he inquires into this matter, justice will not be seen to be done. The same would be the case with Shri P.P. Rao who has been formally consulted in the matter by Justice Dinakaran. The letter further requests that these facts be placed before Justice Sirupurkar and Shri P.P. Rao and they be asked whether they would like to recuse themselves from the inquiry committee, to avoid any further controversy in the matter.

Historic Ruling in favour of transparency & accountability – judges’ assests judgement

"Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant,” a full Bench of the Delhi High court held on the 12th of January 2010. The historic judgment which rules that the office of the Chief Justice of India (CJI) is a “public authority” that comes under the ambit of the Right to Information (RTI) Act also held that judges of superior courts should make public their assets. "Judicial independence was not a judge’s personal privilege but a responsibility cast upon him"

Extraordinary situations call for extraordinary measures

Karnataka High Court’s Justice DV Shylendra Kumar voices on his blog, his disapproval and the impropriety of Karnataka CJ Dinakaran continuing to exercise administrative functions while “his past conduct and exploits do not inspire the confidence of the people”. He points to the abuse and misuse of power in CJ Dinakaran’s declining permission to hold a meeting of all judges of the High Court to discuss the function and conduct of Justice Dinakaran himself

Press Statement against Survery of India probe into Justice Dinakaran encroachment

Press Statement issued by the Forum for Judicial Accountability against the Survey of India spot probe into the allegations of land encroachment by the Karnataka Chief Justice, P.D. Dinakaran, to be conducted on December 30th as reported in a newspaper. The Forum calls upon the Central Government to recall the three member team deputed by the Survey of India immediately and to await the outcome of the enquiry under the impeachment proceedings

Motion for impeachment of Justice Dinakaran

The notice of motion for presenting an address to the President of India for the removal of Justice Dinakaran, Chief Justice of the Karanataka High Court, under Article 217 read with Article 124(4) of Constitution of India for his various acts of misbehavior, including dishonest judicial orders, irregular and dishonest administrative actions, etc. Also annexed is an explanatory note on the motion for impeachement. The motion is proposed to be signed by M.P.s of the Rajya Sabha and then be submitted to the Vice President.

Reveal files on appointment of judges – CIC to SC

Another victory for transparency and accountability as the Chief Information Commission has held the appointment of judges is a “public activity” which cannot be withheld from disclosure, directing the Supreme Court to make public the records of appointing three justices of the apex court who superseded their seniors. RTI activist Subhash Chandra Agrawal had sought complete correspondence between authorities concerned relating to appointment of Justices H L Dattu, A K Ganguly and R M Lodha superseding seniority of Justices A P Shah, A K Patnaik and V K Gupta as allegedly objected by Prime Minister's Office

The conflict of interest controversy continues… In letters

Here’s an interesting communication – a letter written by the Supreme Court Bar Association President Mr. M. N. Krishnamani to the Editor, Tehelka, regarding an earlier interview published in the magazine wherein Mr. Prashant Bhushan had stated that Jusitce Kapadia had violated the conflict of interest principle in deciding the Vendanta Cases despite having sharing in Sterlite (a subsidiary company). Mr. Krishnamani lauds Justice Kapadia’s ‘no one objected’ stand in not recusing himself, it being in accordance with the laid down rule in the Code of Conduct for Judges while he goes on to assert the rampant corruption in the judiciary. For this and Mr. Bhushan’s pointed reply

To recuse or not to recuse… is that the question?

There have been a spate of recusals from the Indian Supreme Court in the past. However recent trends point towards confusing and differing standards for recusal of a judge. As public pressure now mounts towards a determination of this question, we remain with the question – When faced with a conflict of interest, what standard should judges across the country follow? This article probes whether judges should recuse or should they offer to recuse and indicates that the Supreme Court precedent and past history offer a clear guide.

SC Judges reveal asset on website

The Supreme Court on Monday, 2nd November, posted the Assets of Supreme Court judges on its website, clarifying that the declarations were being made on a voluntary basis only! This despite the fact that the decision to reveal assets on the website was taken on Aug. 26 in the backdrop of a raging controversy over resistance by the SC to answer a query regarding assets of judges. As this MailToday story reports, declarations lack information with some Judges giving only sketchy details and not mentioning the value of their movable and immovable assets.

Ghaziabad provident fund scam main accused dies under mysterious circumstances

Ashutosh Asthana, the main accused in the Ghaziabad provident fund scam, was found dead in his prison cell on 17th October 2009. It is known that he was clearly under a lot of pressure, as was evident from his statement in which he tried to change his first confessional statement as well as another affidavit through his lawyer in which he stated that he had given the second statement under pressure. In his S. 164 confessional statement before the Magistrate of Ghazibad court, he had confessed that of the 7 crore embezzled, he had given cash and gifts such as air conditioners, refrigerators, expensive clothes, jewellery and furniture to many judges including judges of the High Court and a Supreme Court judge.

Contempt of Court & the Conflict of Interest ControversyLast week there were newspaper reports that the Supreme Court has permitted the filing of a contempt petition against Mr. Prashant Bhushan for allegedly casting aspersions against some judges includi

Here's an excellent article by Manoj Mitta (Times of India) that unfolds interesting aspects of the Justice Kapadia conflict of interest controvesy and how this principle (also importantly adopted by the SC judges in 1997 through the Restatement of Judicial Values), has been completely violated by Justice Kapadia in his hearing and deciding this and other Sterlite cases.

The Dinakaran Imbroglio: Appointments and Complaints against Judges

The Dinakaran episode has brought to the surface the vexed problem of the arbitrary and totally unsatisfactory manner of selecting and appointing judges as well as the unresolved problem of dealing with complaints of misconduct and corruption against judges. In this bracing article Prashant Bhushan analyses these long simmering twin problems which lie at the heart of Judicial Accountablity