Corruption has its caste in judiciary
- All India Confederation of SC/ST Organisations -

New Delhi, April 4, 2011

All India Confederation of SC/ST Organisations
T-22, Atul Grove Road,
New Delhi-110001,
Tel: 23354841-42, Telefax: 23354843,
Email: [email protected]

Dr. Udit Raj
Chairman, All India Confederation of SC/ST Organisations
National President, Indian Justice Party
Former Member, National Integration Council (Govt. of India)

Dr. Udit Raj, National Chairman of All India Confederation of SC/ST Organisations, said that corruption has its caste. The way the former Chief Justice of India, K. G. Balakrishnan and former Chief Justice of Karnataka, P.D. Dinakaran, are being treated, there is no doubt that corruption knows the caste. Here argument is not to absolve these people but to expose hypocrisy and double speak. The Supreme Court hastened to admit petition against K.G. Balakrishnan but why not in other cases?

Dr. Udit Raj further said that when Dr. A. S. Anand was Chief Justice of India in 2000, an affidavit through his wife was manipulated in Madhya Pradesh to claim the compensation of about 1 crore. Not only this, he tampered with date of birth. The lawyers who helped in getting the compensation, were rewarded and inducted into High Courts. A senior journalist, Vineet Narayan, wanted to bring impeachment against him but politicians got afraid and did not co-operate with him. Then he appealed to the President of India, K. R. Narayanan, and, in turn, he sent to the Law Minister, Ram Jethmalani. This law minister acted and asked for comments from Dr. A. S. Anand.

Then Prime Minister, Atal Behari Vajpayee and BJP leader, Arun Jaitley came to his rescue and Jethmalani had to go. Such a huge difference is obvious while treating dalit vis-a-vis so called upper castes. The poor Vineet Narayan was made a scapegoat and Mr. Anand got instituted defamation case in Jammu and Kashmir High Court. It was deliberately to teach a lesson to Vineet Narayan as he was already the target of terrorists. Jammu and Kashmir was not safe for him. His house and office were raided and as a result, he fled away to foreign country. Till date, all corruption matters against Dr. A. S. Anand are pending and no one is there to rake them up. Thus there is huge benefit to be so called upper caste and specifically in Higher Judiciary. Dr. Anand not only successfully superannuated but was rewarded with Chairmanship of NHRC.

Dr. Udit Raj told that another so called upper caste CJI, Y. K. Sabbarwal's case will illustrate that corruption is not an issue. In collaboration with builders and realtors in Delhi, he passed such judgments that hundreds of colonies and lakhs of houses and shops were sealed. Innumerable people were pushed to poverty and hunger and articles and expensive wares were rotten, destroyed and rusted in the sealed houses. His sons operated corporate activities from his house. Later on, they purchased a property on Sikandar Road, Connaught Place, N.Delhi worth about 100 crores. So far, corruption has not been established against K. G. Balakrishnan and even if there is something, then why Sabharwal was not meted out the same treatment?

Who doesn't know the famous scandal of provident fund in Ghaziabad. The main witness of this case died in the jail and after that there was no hue and cry and so far his death is a mystery. The case is being tried in CBI court, the so called honourable judges don't even bother to attend the hearings. The name of Tarun Chaterjee surfaced in the scandal when he was judge in the Supreme Court.

Other judges' names are also involved in this scandal. What happened to the media in these matters? P. D. Dinakaran cried that he was open for enquiry, the Bar Association, Media and Judges did not wait till the outcome of proper enquiry and he was punished. Not only he was deprived of his work, he was transferred to an insignificant place. Had he not been a dalit, he would have not have been meted out such treatment.

What happened to that judge in Rajasthan when he remarked in the case of rape of dalit lady, Bhawari Devi that how can an upper caste commit rape ? Yet another case of Dalit judge, Sushila Nagar in Rajasthan is landmark as to how how she was harassed and humiliated? Her progressive husband who was in the same position in the judiciary ,had to resign and take up social mantle. There are thousands of such cases against so called upper caste judges but why there is no haste and activism on the part of media, judiciary, govts., bar associations ? Why there are two standards for corruption?

So far, hundreds of judges have been appointed in the Supreme Court and till today only three have been from dalit background. Thousands of judges have been appointed in the High Courts and only few were from dalits and backward community. Proportionately higher caste judges are more and if objectivity was observed in corruption matters, large number of heads would have rolled by now. There is no examination and set standard to make a lawyer a judge. This goes without saying that their appointments are quite subjective. The appointments are mainly done on the basis of nepotism, favouritism, casteism. Can we expect speedy and fair judgments in these circumstances?

(B. Mandal)
Media Incharge