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Indian Judiciary stands in Cross Road

Indian Judiciary stands in Cross Road

Cuttack: 30.11.2013:Indian Judiciary stands in Cross Road,lawyers in Orissa High Court comment. Judges in

Justice A.k.Ganguly

Justice A.k.Ganguly

higher judiciary including Supreme Court of India are now brought to the touch stone of integrity and morale values .Judges are human being not the god as we address them in an anglicized words as “My lord,your lordship and the like”  and all human instincts are in them as a result of which Justice A.K.Ganguly has been brought under the scanner but that can also be avoided by forming a panel to examine the truthfulness as that of the panel constituted in the case of sex scandal against three judges of Karnatak High Court namely Justice N.S.VeerbhadraiahJustice Chandrasekhariah and Justice V.Gopal Gowda by a committee comprising of Chief Justice of Bombay High Court –Justice C.K  Thakkar ,Chief Justice of Kerala High Court :Justice G.L.Gupta and the then senior judge of Orissa High

Justice V.Gopal Gowda

Justice V.Gopal Gowda

court :Justice A.K.Patnaik and the voice of the people in the country appeared to have been chocked under the threat of Contempt of Court,but fact remains ,the intellectuals were not happy the manner ,the three judges were given the clean chit by the judges themselves regardless of the existing investigating mechanism upon which the judiciary ,at the main, rely upon. Once a domain for particular expertise is devised ,is it at all proper to be a judge of one’s own cause. The judges brought under scanning then and for whom entire judiciary in our country was blamed have also been rewarded with their time to time elevation; and on the other hand, any judicial member in subordinate judiciary if brought under the threat of any such allegation are being dispensed with  .Umpteen number of instances are now surfaced. As per opinion survey ,the Odisha Bulletin Bureau has collected the views from intellectuals of different field of expertise, the judges are in pivotal post of passing the rulings but the efficiency of a judge now matters and that being so ,selection of the judges ought to be kept away from the reach of monopolist mechanism of a group ,may it be judiciary or bureaucratic or the political masters those are always found to be in neck deep  corruption  ; and a set of standard of rigorous principle of selection has to be adopted to prevent unworthy personalities from joining  judiciary embodied with  the threat of Re-Call mechanism and a dynastic  approach in the selection of judges should not have direct or indirect influence on the issue .Now- a-days ,it is invariably seen that judges breeds judges regardless merit or suitability for the highest constitutional post of the country ; it is also seen that the children of the judges or the relations, as the case may be , practicing in courts are appearing to be loaded with cases from private and also government agencies meaning thereby that fertility germinates no sooner one of the family members becomes gets elevation to judgeship. Open corridor discussion suggests ,relation of many judges in the High Court Judicature of Orissa have managed to create name ,fame and fortune within shortest tenure of their practicing  law .The theory of  uncle judge has had its vital role in Orissa High Court.

In order to get rid of public blame and in order to save the image of judiciary ,now hence the judge selection ought to  be done  with care and caution ,not by favoritism.In Orissa ,it is seen, judges elevated to Supreme court are having lot of tours to the state as that of a politicians more likely as Constituency Judge and are apprehend to have been twisting the selection process and this has become a common and open scene  for Orissa High Court. Within last couple of months judges from supreme court have made their recurring and successive visits to the state for this plea or other and therefore ,public comment on  them being the Constituency Judges.

Be you ever so high ,the law is above you, CJI P. Sadasivam told .In this juncture taking the probing mechanism to the judiciary itself bye-passing the established mechanism of probing and / or investigation is nothing but arresting the democracy of the country,public comment; and therefore,Justice Ganguly be allowed to face the investigating agency with due regard to his law making process ,not law breaking when it comes to his person.

Before law ,every body should be treated equally ,may he be Asharam, Tarun Tejpal , Justice A.K.GangulyJustice Altmas Kabir and the like .

In Orissa High Court  , half a dozen of judges are alleged to have grabbed land of the govt in concessional rates in the guise of discretionary quota ,but nothing happened in spite of best efforts being put from different quarters of the society and adding few more instances ,it is surprising ,Justice P.k.Tripathy during his active tenure has unauthorisedly acquired more than one acres of land in CDA and carried on cultivation by employing staffs of Orissa High court ,but nothing happened because he was after all a judge and the person to address on such illegality is also nothing but a judge in fact and in the close neighbourhood.Gradually , the temple of justice is  losing the confidence of the people ,bad sign for the democracy.

Dreaming to have a country  shaping into progressive modernity can be destroyed if judiciary ,last hope of the common mass, lost to the scanner.

 

 

About Srinivas Mohanty

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