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Editor: Nagaraja.M.R.. Vol.15..Issue.36........08 / 09 / 2019

Bihar Judge in trouble for questioning corruption in

judiciary

Justice Rakesh Kumar, who is the senior most judge, said in his order on
Wednesday, that corruption in High Court is (an) open secret. He also made
scathing remarks on the prevailing situation in state judiciary and publicly
pointed out corruption in lower courts.

The Patna High Court Chief Justice on Thursday issued a notice to withdraw all cases from a
senior judge after he alleged corruption in judiciary while hearing a case against a former
IAS officer.

According to a notice issued by the order of the Patna High Court Chief Justice, "all matters
pending before Justice Rakesh Kumar, sitting singly including tired up/part heard or
otherwise stand withdrawn with immediate effect".

"Justice Rakesh Kumar will await in chambers for work assignments until ordered
otherwise" notice issued by the order of Chief Justice of Patnaa High Court said.

Justice Rakesh Kumar, who is the senior most judge, said in his order on Wednesday, that
corruption in High Court is (an) open secret. He also made scathing remarks on the
prevailing situation in state judiciary and publicly pointed out corruption in lower courts.

Justice Rakesh Kumar, while hearing the bail application of former IAS officer K. P. Ramiah,
had questioned how he was granted bail by a lower court when the High Court as well as
the Supreme Court had rejected his request for protection from arrest because of the
gravity of the allegations.

Justice Kumar said a "corrupt officer" like Ramaiah secured bail as a vacation judge heard
his case in place of the regular judge of the Vigilance Court, who was away for a day.
The judge also alleged that the full bench of the Patna High Court had taken a lenient view
every time the case of any judge from the lower judiciary came up. "Despite my opposition,
a judge facing serious charges was let off with minor punishment instead of an exemplary
one," Justice Kumar had said in his order.

Justice Kumar also hit out at High Court judges for wasting public money by choosing to
stay in guest houses for months on the pretext of renovating the government bungalows
allotted to them.

Justice Kumar ordered that a copy of his Wednesday order be served to the Chief Justice of
India, Prime Minister's office and Union Ministry of Law and Justice.

Ramiah is accused of embezzling over Rs. 5 crore from the Bihar Mahadalit Vikas Mission, a
state government scheme for deprived and marginalised Dalits.

Madras High Court Acknowledges Corruption

In Judiciary, Calls It The Greatest Threat To
Constitution

In unprecedented remarks, the Madras High Court on Thursday (28 March)

noted that even the judiciary was infested with corruption and that corrupt
judicial officers and public servants should be declared “anti-
nationals,” reports Times of India (TOI).

“They are anti-nationals because they are obstructing the development of

this great nation. Terrorists are declared as anti-social elements. Thus,
persons corrupt and acting against the developmental activities of our nation
are also to be declared as anti-nationals. These anti-nationals do not care
 about the development of this country but are only interested in their self-
development," Justice Subramaniam said.

Justice S M Subramaniam of the court noted that corruption in the judiciary

was the “greatest enemy of the Constitution” and that it was imperative that
wide-ranging reforms are initiated to reign in corruption in the courts.

"It is painful and unfortunate to state that sexual favours are demanded in
lieu of bribe in educational institutions and public offices and what else can
be worse than this in public administration," Justice Subramaniam added.

First Step

Recently President Ram Nath Kovind appointed former Supreme Court judge
Justice Pinaki Chandra Ghose as India's first Lokpal. The Lokpal and
Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for
the establishment of a Lokpal (Ombudsman) to fight corruption in public
offices and ensure accountability on the part of public officials, including the
prime minister.

SC turns to CBI, police to curb graft in registry

https://www.google.com/amp/s/m.timesofindia.com/india/sc-to-depute-senior-officers-
from-cbi-delhi-police-to-prevent-corruption-in-registry/amp_articleshow/70120691.cms ,

FIR against High Court Judge Shukla

Justice SN Shukla of the Allahabad High Court has become the first sitting high court judge
to be prosecuted while in office in nearly three decades. Chief Justice of India Ranjan Gogoi
has allowed the Central Bureau of Investigation (CBI) to lodge an FIR against Justice Shukla.

The case relates to medical admission scam. Justice Shukla is accused of favouring a private
medical college by extending the deadline for admission of students in contravention of the
existing rules.

Prosecution of judges of the high court and the Supreme Court were not allowed till July
1991 when the top court provided for lodging FIR against them in the landmark
Veeraswamy case. Justice Veeraswamy of the Madras High Court had been booked in a case
of corruption in 1976.

He challenged the government's decision saying that law gives immunity to judges of the
appellate courts from prosecution. The matter reached Supreme Court, which in 1991
allowed prosecution of judges of the high court and the Supreme Court but only after
getting nod for the same from the Chief Justice of India.

Justice Shukla's prosecution is the first such case since the 1991 Supreme Court judgment.
The decision followed an elaborate process of investigation by an internal panel of the
Supreme Court which found Justice Shukla guilty of misconduct and deliberately delivering
erroneous judgment to benefit the private medical college.

This comes only a few days after Justice Shukla requested CJI Gogoi to restore judicial
functions to his jurisdiction. CJI Gogoi had ordered to take away his judicial functions in
January 2018. He had also recommended, in a letter to Prime Minister Narendra Modi last
month, removal of Justice Shukla from his position.

Editorial : How many voices you will silence CJI ?

In the past , Justice Karnan was jailed for speaking truth – corruption in judiciary. Judge
Prabhakar Gawli dismissed from service for acting against corrupt. Now Justice Rakesh
Kumar paying the price for speaking truth. Supreme court judges , high court judges
instead of conducting fair investigation, prosecution into the charges and upholding law /
truth are aiding corrupt, criminals by silencing voices seeking justice. .
 Hereby , we urge Honourable Chief Justice of India to order an impartial inquiry , to
protect the constitutional duties of victimized judges.

Jai Hind. Vande Mataram.

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,

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