Thursday, 24 July 2014

The true facts about the corrupt Madras High Court Judge

Many people have asked why i did not speak out in 2005 about the incident relating to the corrupt Judge of Madras High Court when it happened that year. My reply is : I was a sitting Judge  (Chief Justice of Madras High Court) at that time, and judicial discipline and the unwritten code of conduct requires that a Judge should not go into the public domain. So I could not have gone to the press. But I was not silent. I informed the then Chief Justice of India, both in writing as well as orally when I met him in Delhi, about the full facts, and requested him to order a secret IB enquiry, which he did, and the IB report proved that what I said about that Judge was correct. I retired in September 20011, and it was only when some Tamilians wrote on my facebook page that I should write about some of my experiences as Chief Justice of Madras High Court that I wrote about it.

 Moreover, the important question is not about timing, but whether what i said was correct or not. I posed 6 specific questions for Justice Lahoti ( the then CJI) to answer, but he did not, and instead said that he will not stoop to the level of someone else ( implying me). Let the people decide who has stooped. Justice Ruma Pal, who was at that time on the 3 Judge Supreme Court Collegium ( consisting of Justices Lahoti, Sabarwal and Ruma Pal ) has vindicated me  ( see front page of Hindustan Times today ). Also, the letter of the then Prime Minister Manmohan Singh putting pressure to continue that corrupt Judge has now come to light, as well as the written comment of Justice Lahoti that the sensitivities of the government should be taken into account ( meaning that the Judges should surrender to political pressure ).

In today's Punjab Kesari Hindi Newspaper (24.07.2014) it is stated in the front page in a special editorial by Mr. Ashwini Kumar, the editor, that if Justice Ashok Kumar was a corrupt judge, I should not have recommended him for elevation to the High Court. In fact, I never recommended him but it was my predecessor who recommended him. I became Chief Justice of Madras High Court in November 2004, whereas Justice Ashok Kumar had become the Additional Judge of the High Court in April 2003.

In the said editorial Mr. Ashwini Kumar asks why I did not do anything when I found he was corrupt. The truth is that I immediately requested the CJI to get a secret IB enquiry held, which was held and he was found to be corrupt. Thereafter, it was for the CJI to do the needful. I could not go into the public domain as it is against judicial discipline and unwritten code of conduct for judges that they should not go into the public domain.

28 comments:

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  2. Sir,
    He was made judge in 2003. Weren't there any allegations against him at that time. If yes, did the NDA gov under Mr. Vajpayee also back up this judge or the allegations just glossed over?

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    1. I do not know because I became C
      hief Justice of Madras High Court only in November 2004

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    2. I do not know because I was not the Chief Justice when he became a Judge of the High Court

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  3. Justice Katju, could you also throw some light on how Justice Ashok Kumar was made a Judge?

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    1. I do not know, because I became Chief Justice of Madras High Court only in November 2004, whereas he was appointed an Additional judge of the High Court in April 2003. He was recommended by my predecessor, not me

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  4. sir, you are retired at 2011, and keep silent last 3 years. what is the nessesity to open this issue now.

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    1. I retired from The Supreme Court in September 2011, whereas the incident was of June 2005. Recently some Tamilians commented on my facebook page that I should write some of my experiences in Madras High Court, and then I wrote this post

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    2. So many peoples have commented as to:
      (1)Why Justice Katju have not resigned without knowing his value and knowledge?
      (2) The timing of the matter and so many cinema dialogues on the matter as to why he is raising issues about a Judge who is no more?

      Justice Katju has done everything possible as a CJ of Madras HC, he wrote to CJI for holding an IB enquiry as anwered by himself is that not enough? When all blinks Justice katju is the only one who has given adverse remarks on Allabahad High Court as a sitting Judge, cant you peoples consider these things.

      Just imagine a second what could possibly happened,If he would have resigned, India would have lost a good and wise Judge another corrupted judge would have filled his place.

      So I request everyone please respect Justice Katjus Knowledge, Honesty, Indians must be proud to have Justice Katju as a Judge.

      I request everyone to stop all these unnecessary questions and look in to the facts. I am sorry am not able to tolerate when peoples abuses a Judge katju who proves and answers everything unlike Justice Lahoti or KGB.

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    4. I do not know him personally, and he did not know me as well. I have read his Judgments, books and have seen many lawyers would like to cite his Judgments always, infact the Judges themselves of Highcourts themselves.Many lawyers whom i respect have told about him.

      There is no necessity of the question of resigning, first of all! He wrote to the CJI to hold an enquiry. Not only him Justice Ruma pal the third Judge has wrote to the CJI raising objections for such appointments which were ignored by the CJI. So Why Justice Lahoti and KGB, Manmohan singh did not resign altogether?

      When there are so many peoples in list why the question of resignation is raised only to Justice Katju and not to others?

      As answered by himself its not the System but a Judge who mans them, whether he is succumbing to the political pressures or not. As pointed by himself there are good judges also available as a beneficiary of the said system.

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    6. If he does so then there is a process called impeachment and parliament could impeach him for innocent cause, absolutely when we know much about our politicians. Justice Katju is right in doing things.

      He is interested in the country and hence doing this action now when the right CJI is in place and when the political party has zero MP's.

      When the others dont have interest and still keeping quiet like CJI Lahoti. Unless Justice katju opens this none knows this solidly.

      I am much interested in debating the resignation of Two CJI's, our former PM Manmohan Singh than Justice Katju.

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    8. All the Indians are my brothers and sisters. So you are one among them.You could be younger or more possibly elder than me.
      There are 3 questions as follows:
      1)Whats Justice Katju's position as a sitting Judge till his retirement by September 2011?

      As told by him as a sitting Judge he has unwritten code of conduct and could not go in to public domain. So the question of calling press or going public is not available and falls to ground.

      The question of resignation is not necessary to him as he has written a letter to the CJI as aforesaid.
      Also as aforesaid if he chose to resign another corrupted Judge could have filled his place.

      I dont thinks he could boycott court or from his duty in dealing cases as a sitting Judge.so your claim is not also possible.

      Assuming for a minute (its not possible just assuming) case of abstaining from his duties in view of this factor what could happen? When it is possible for a political party to pressure the continuance of corrupted Judge, it is also similarly possible the same political party could have pressured Justice Katjus impeachment. So this impossible option also falls to ground as without substance.

      2) J.Katju's Position after his retirement?

      He retired in September 2011 and today its July 2014 thats less than 3 year. This is acceptable and there is no much delay and well within the acceptable range,

      3) Knowledge and Values of Justice Katju:

      His Knowledge is not limited only to law. If am not wrong he has variety of interests in sanskrit, Urudu, History,Philosophy, Science and sociology.

      So he his a great person of knowledge and i request you to understand this, its his career is such an impossible and uncomparable.

      I hope here ends our conflicts of interest.

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    9. Mr. பாசன், I am perplexed why many people keep asking the same question. He already answered in detail. I am suspecting you are either related to the Madras High Court Judge or one of the beneficiary of him!

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  5. Sir, thanks for opening the rotten layers. I agree better late than never. I request to keep exposing such rot which you know or some of your honest colleagues know so that government of this day is forced to bring a transparent system for appointment of judges from bottom till top.

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    Replies
    1. Hmmmm.. Don't bring your personal tragedy into this ordinary blog writing. You seem like PTDS patient. Don't be too serious like this! Think about a good thing that you did today and be happy. Usually that's one of a best therapy for PTDS.

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  8. Thank You Sir. You have explained the answer profoundly. Your answers have clearly ended on the question Why now? Now, let's see if the Media which made some money making your ordinarily written blog into national headlines, will continue this story to get a lawful remedy or do a flip-flop to next money-making story.!!!!

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  10. # CJ Swatanter Kumar gave Corrupt Achilya a clean chit 2 days before being elevated to the Supreme Court

    http://ikchhugani.wordpress.com/2014/06/23/my-case/

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  11. # Judge Achilya given clean chit by 2 CJs- ILLEGALLY in 2005 he jailed me got my Wife N Son arrested
    http://ikchhugani.wordpress.com/2014/06/23/my-case/

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  12. as the CJ and thereby, as the Master of the Roster, you could have denied any portfolio.

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