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Print this pageEmail this story Legal system: CJI warns against corruption

Friday, October 22, 2004 (New Delhi):

Chief Justice of India R C Lahoti has warned that corruption and inefficiency in judiciary will not be tolerated and will be dealt with firmly.

Justice Lahoti feels that a miniscule minority brings bad name to the entire system.

He exuded confidence of developing a system in which "the best talent and men of character and integrity shall alone have a place."

"The ever flowing stream of justice is compared with the sacred river Ganges. No judge can be tolerated as polluting the sacred water of Ganges by committing sins while seated in the temple of justice," he said.

Precautionary measures

The CJI added there was need to take precaution and insulate the subordinate judiciary from the infections of corruption and inefficiency which were spreading in the society like an epidemic.

"I wish to make it clear that no instance of corruption in judiciary shall be tolerated and once brought to notice it shall be dealt with promptly and with a firm hand. I mean business," Justice Lahoti said.

The Justice suggested that the High Courts, which exercise supervisory control over sub-ordinate judiciary, should activate the vigilance cells.

"Prompt action against deviant and erring Judges would go a long way in weeding out the dead wood, corrupt and insolent," he said.

When his attention was drawn to the guidelines laid down by the Supreme Court in Nadiad case to protect the judiciary from outside interference and secure its independence, the CJI said it was meant to protect the honest and efficient.

Act as deterrent

These guidelines should not be misunderstood as having provided total immunity to members of subordinate judiciary to do whatever they wish to do, he clarified.

"Once the Chief Justice feels convinced that a strong prima facie case of indulgence in corruption by a judicial officer has been made out,

Permission for lodging the FIR, for initiating and completing the investigation under ordinary law and sanction for prosecution should be allowed, so as to act as a deterrent and to set an example for the fence-sitters," Justice Lahoti said.

However, he said that his views to tackle a "miniscule minority" among the subordinate judiciary was not meant to create a sense of terror among one and all.

Giving a context to his views, he cited a recent judgement where the CJI himself had said "the role of High Court is also of a friend, philosopher and guide of judiciary subordinate to it.

"The strength of power is not displayed solely in cracking a whip on errors, mistakes or failures; the power should be so wielded as to have propensity to prevent and to ensure exclusion of repetition if committed once innocently or unwittingly," he said and added "pardon the error but not its repetition". (PTI)





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