Bhopal Gas and Judiciary.
Swaraj Puri retd. DIG Bhopal gas episode fame has been removed from his assignment post of Narmada Valley Chairmanship. His status was that of Dy.Minister. In India and in M.P. also those who have obliged high and big guns are always in better position to get assignments though they do not earn any good reputation and few of them are known corrupt. But due to continuity of relation because of position or caste they are benefited.
In judiciary also attempts are being made to give assignments on key post to make such post grazing grounds for such judges. Judges are not abstaining from hearing cases of those persons who are known to them form near and they have been obliged directly or otherwise. Why they cannot be Vikramaditya or Raja Harishchandra? It is very easy to be so. But temptation for what ever reason makes them not of high integrity and honesty. Comparatively it is less in lower judiciary as stake is very low.
What is required for judges of all ranks in the hierarchy is vigorous training and making the laws and case law up date. Presently such thing is not happening at all. Presently the practice in the higher courts is to thrust one’s views in the judgment. In most of the cases principles of jurisprudence are not followed. Established and settled law, norms and rule of thumb is over looked. These judges do not refer to the case law which is on a particular subject. But the higher judiciary expects every thing from subordinate judiciary to have so. So called refreshers courses are arranged in National Law Institutes and district level judges are invited for training. This is just farce at the cost of government exchequer. Nothing worth is imparted. High Courts arrange seminars where big guns come there to deliver lectures and in their lectures nothing substantial comes out. All persons assemble there and the only aim is to eat, drink and be merry. The Big guns want that they should be attended and respected by all attending persons and judges and in their name they should speak very nice of them. Really it is all bogus and it is just flattery.
What is required for district level judiciary is knowledge and practical aspect of procedural law relating to Criminal and Civil procedure and in which they seriously and definitely lack and advocates take advantage of their procedural mistakes and get the cases delayed by filing appeals and revisions. Therefore in addition to such procedural law they should also be made friendly with newly enacted law which are of day to day use.
Corruption is no problem in judiciary. I know how, why and for what reason judges of lower judiciary are suspended and removed from services. Judges of higher judiciary have all biasness against them and state rules are misused. Such weapon can equally be used against higher judiciary also but unfortunately position is misused in the garb of the Constitutional protection. Hope judiciary has so many things to learn and higher judiciary should see that things get normal.
