A Question to Myself.
I have some questions to myself. I am writing this in anticipation of being helped by those who consider themselves to be mature.
A couple of days ago an incident took place in the history of judiciary which will not only impact but haunt this august institution for years to come. A Judge of the Hon'ble Patna High Court happened to feel so perturbed at the state of affairs within the judiciary that he caused an order passed whereby blatant corruption and its veiled protection under the garb of discretionary power of the court in granting bail was exposedly discussed threadbare. In course of passing the said order the learned judge took an opportunity to describe in details inter alia
-- how things have nosedived to such a level that Judges are frequently found buttering the Chief Justice to gain the favour of the latter.
---how all of sudden as many as seven judges drawn from the same batch of the same law college were appointed in the High Court. Was it a sheer coincidence or born by design, the judge failed to conclude.
---how millions of rupees from public fund are pumped into renovating the bungalows of judges before they happen to occupy the same after allotment. As also how a judge made it a choice to stay in the Guest House of the High Court. He also pointed out how nepotism, casteism are on display in the judiciary in the most conspicuous way.
The said order of the judge, needless to say, flummoxed the entire judiciary. The full bench of the High Court sat immediately only to suspend the said order as it was shortsrifted to be born out of some personal angst and anguish of the concerned judge. The full bench observed that the single bench order was passed in sheer violation of the established norms as the judge in question passed the order in that case which stood already disposed. Yet it was caused to be mentioned upon his oral order. Besides, the context and content of the order is of such nature that it has irreparably damaged glory and prestige of the judiciary. They held that the Institution was smeared by one who is none else but its own important and dignified member beset with the responsibility of upholding by all possible means the dignity of this august institution.
The public is surprised at the episode. It is not that they happen to be unaware about corruption even in this organ of the State but what leaves them clueless is the reason why a jugde chose to wash in public the dirty linen of judiciary? Common people believe in the teaching encapsuled in the Shloka in Sanskrit "सत्यम ब्रूयात प्रियम ब्रूयात न ब्रूयात सत्यम अप्रियम" Given that the Judge in question being second only to the Chief what made him to believe all of a sudden that judiciary is plagued with corruption of such magnitude that not only no less than an order has to be passed in the matter but also it be circulated to the CJI, PMO, Law Ministry etc. Did he feel isolated in the circle in such a way that he chose to be a bull in the China Shop? Has the internal mechanism of grievance redressal or forum discussing related issues affecting judicial propriety become non existent? Is the atmosphere within is so suffocating that drives one having conscience to qualm in public his feelings. Is there something that throttles healthy discussion among the members of the same institution ? How far the judge in question is correct to expose the judiciary by passing an order he was otherwise not supposed to hear unless having taken recourse to the way he did? Can he do anything towards justifying his conscience to the point of lowering the prestige of the institution of which he happens to be a prestigious member? Which is more important; loyalty to the people or the institution that provides him opportunity to serve the former?
Similarly, the full bench order is defensive of the highest order to the point of it being accepting the charges made out by the Judge in question. In order to quench the fire it has burnt its hands. The Master of Roaster has made zero the case load of the judge in question. How can it be defended that at a single stroke of moment a judge is left without any case to hear? Is it the order in question that made the judge in question a judicial outcast? Otherwise what else could be the reason for making his case load zero? Should he then review his own order to save himself from imposed ignominy by his own brethren? Even that opportunity is not available to him as of now. It is more in the form of gaging than addressing the issue raised by the judge in question. Is whistle blowing within judiciary an anathema? Is the non committal of the full bench to take up the issue raised by the judge in question only to keep the dirt under the carpet? Does the present action merely amount to taking refuge in correcting the perceived wrong caused by the order in question? Was there available before the full bench some other ways to handle the situation?
In the light of the above I expect my questions be answered honestly but sensibly by the mature mind.
Please help.
R.R.Prabhakar.
31.08.2019.
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