High Court Condones Corrupt Judge

Often the Courts get on a High moral ground and starts preaching to lesser mortals on Morality,Accountability, Integrity and Model Behavior.

But when it comes to a question of issues concerning Judiciary and its Judges, it becomes coy and many a times out right disgusting.

Remember Veeraswamy of the Supreme Court ,the first Judge to have been found corrupt, the time it took to sentence him, I still do not know whether he served the term in the slammer,the political hurdles and the Judicial apathy.

Every one knows , in India, Judges can be bought, right from the Magistrate to the Highest court in the Land.

Instituting ‘Contempt of Court‘ proceedings against the complainants is a favorite pastime.

Now read the story where a CBI Judge confirmed felon is being protected by the High Court.

Story:

A Punjab and Haryana High Court decision to halt the framing of charges in the graft case against its former judge Justice Nirmal Yadav raises disturbing questions about judicial accountability

When Anupam Gupta, special public prosecutor for the CBI in the “cash at the doorstep” corruption case against former judge of the Punjab and Haryana High Court Nirmal Yadav, burst out in anger against the High Court’s recent decision to halt the framing of charges against her, it cast a shadow of disquiet on possibly the most watched prosecution of a judge in the higher judiciary in recent times.

In a written statement he said, “I am deeply distressed by the High Court’s order passed today. It betrays an insensitivity to judicial corruption that cannot be viewed with equanimity. The High Court cannot have a dual approach or standard — one for judges and another for all other accused. Would the High Court have passed this order if the principal accused had not been a former High Court Judge?”

His statement, duly reported by newspapers, was greeted by pin drop silence in the legal universe. That Mr. Gupta is a well known activist on judicial accountability is one reason why his outburst was not immediately dismissed as a mere reaction to a legal setback in court. The other is, because each time in the last couple of years it appeared that the case against Justice Yadav would be dropped, the lawyers of the Punjab and Haryana High Court rose as one to ensure its continuation.

Revision petition

Justice Nirmal Yadav is being tried for allegedly receiving illegal gratification of Rs.15 lakh in August 2008. The money was wrongly delivered at the residence of another lady judge of the High Court, who reported the matter to the Chandigarh police. In March 2011, the President granted sanction to prosecute her under Section 19 of the Prevention of Corruption Act and she became the first serving high court judge in the country to be charge sheeted in a corruption case.

In July this year the CBI court in Chandigarh finally ordered charges to be framed against her, but Justice Yadav filed a revision petition before the High Court against the order, saying that it was “illegal, erroneous and untenable in the eyes of the law.” Hearing the petition, Justice N.K. Sanghi summoned the entire record of the CBI court and directed that her petition be heard within three months. This in effect means that until the High Court decides on her petition, the trial will remain frozen before the trial court.

Source:

http://indialawyers.wordpress.com/2013/10/14/getting-its-own-off-the-hook/

Are appointment to the Punjab and Haryana HC all about nepotism? (ibnlive.in.com)