NATION

Judiciary on the edge
V. Eshwar Anand
The judiciary’s image hit a new low this year, with charges of corruption in its top echelons

Highlighting the corruption in the legal system, the Supreme Court pointed out that there was ‘something rotten’ in the Allahabad High Court. Photo: Mukesh Aggarwal

THE judiciary’s reputation hit rock bottom this year. The Supreme Court’s unprecedented and stinging indictment of the Allahabad High Court sums up the disturbing state of affairs in the judiciary. It refused to expunge its observation that there is something “rotten” in this high court. The only saving grace was its clarification that not all judges are corrupt.

Even as the investigations into charges against Uttarakhand High Court Judge Nirmal Yadav and Sikkim High Court Chief Justice P.D. Dinakaran are moving at a snail’s pace, decks are cleared for the impeachment of Calcutta High Court Judge Soumitra Sen.

The new CJI, Justice S.H. Kapadia (right), began his tenure with the promise of bringing about judicial restraint. Photo: Mukesh Aggarwal

The biggest jolt for the apex court was Mr Shanti Bhushan’s petition alleging that eight former CJIs were “definitely corrupt”. Mr Prashant Bhushan has been told to apologise or face contempt for his comments against the former CJIs.

Justice S.H. Kapadia started his innings as the CJI on May 12 with a promise to ensure judicial restraint. However, the apex court’s orders raised questions of judicial overreach. It did not spare even the Prime Minister and questioned his purported lapse in promptly responding to Dr Subramaniam Swamy’s petition against tainted former Telecom Minister A. Raja.

Its observations shook the nation as much as the Prime Minister’s Office and the Law Ministry which was forced to replace Solicitor-General of India Gopal Subramanium with Attorney-General of India Goolam E. Vahanvati as the Centre’s counsel in the hearings.

The apex court did not spare the Centre even on Mr P.J. Thomas’ appointment as the Central Vigilance Commissioner.

Its observations before final adjudication evoked a high point debate.

Its decision to monitor the probe into the 2G Spectrum allocation scam by the CBI and the Enforcement Directorate is in order particularly when the Central Vigilance Commissioner, who would normally have overseen the investigations, is under a cloud.

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