Justice A.R. Lakshmanan, the Supreme Court judge hearing Mulayam Singh Yadav‘s review petition in the disproportionate assets case, has recused himself after he reportedly received an anonymous letter this morning casting aspersions on his integrity. Although the identify of the letter-writer is masked, his intention is obvious: to kick up a cloud of suspicion around the honourable judge and force him to do his bidding or to force him out.
Justice Lakshmanan’s decision opens the old chestnut about judges and their assets and liabilities. Should the judges declare them as a matter of formality, annually, like the politicians so that they are not susceptible to such blackmail? Or, is the Chief Justice of India Justice K.G. Balakrishnan right when he says that “no self-respecting judge” would declare his assets? Will judges declaring assets help transparency and enhance the credibility of the judiciary?
I am with the chief justice on not declaring assets. What is the great benefit that has flowed out of electoral candidates filing sheaf upon sheaf of affidavit at the time of elections? All it has managed to do is create a chimera of transparency and titillate the voyeuristic masses: “Look, Srikantadatta Wodeyar claims he only owns a Maruti Zen.”
The fact that Mulayam Singh can become chief minister regardless of the authenticity of affidavit and then use the power of the state to contest the assets petition in the apex court shows that the declaration has failed to do its job. It has become a bit of a joke that at best keeps the middle class happy and occupied.
Unless our politicians and judges and everybody else in public life are guided by a noblility that has long since vanished, no amount of declaration of assets can stem the tide of corruption that threatens to engulf us all.
Unless there is an arrangement to cross check the claims made, mere declaration of the assets every year has become quite meaningless. There is no reason for the judiciary to be touchy about having a harmless provision on hand.
Secondly, I dont know why Mr Justice Lakshman should have chickened on receiving an anonymous petition in the open court. The least he could have done was to either ignore, or quietly send it across to the chief for getting the matter investigated.
What has he achieved by his decision to stay away from the case and breaking down in the open court? It has only served the purpose of those who had been praying that he would not be in the bench.
We expect the judges of the Supreme Court to be more circumspect, weather beaten and firm in their approach both within and outside the court.
They Should bring in a common ID like SSN . Attach it to every bank account , Loan application , Financial transaction,IT returns including all
LAND/Vehicle etc. In this way we should be able to connect everybodys dealings ,earnings etc. No transaction should be complete until the ID is provided . They had a SANKHYAVAHINI project sometime back .I am not sure what is the status .
another thing is they can deport all illegal bangladeshis out.
It is indubitable that our leading honchos of Supreme court make a whopping – filthy amount of money just to make an appearance in the Supreme Court. Even the so called AOR’s make merry by just arranging conferences and appearances with senior counsels. The whole system prevailing in our courts reeks of filthy lucre – even black money and cost of justice is indeed very steep. So when the CJI says no self respecting judge would declare his assets , then one wonders why ? These judges from their ivory towers proclaim about social justice and directive principles etc, but what prevents them to reign in the the lawyers and senior counsels from fleecing their clients. Look at the way every retired HC judge rushes to practice before Supreme Court and every retired Supreme Court judge hankers after appointment as Lokayukta. They simply have no self respect. One of the known exception was Justice Shiv Shankar Bhat , who resigned from CAT when it was brought under the jurisdiction of the HC. Such incidences are rare. Look at the case of Justice Lakshmanan, if he was so sensitive why did he become a Judge. When in the History of Supreme Court no review petition was ever heard in the open court, then why did the make an exception in the case of Mulayam ? There was no earth shattering imprecision in the judgment to vindicate themselves in the open court and hear the case so expeditiously. It is not convincing and ludicrous for a seasoned judge to cry jsut because there was a anonymous letter. He should have had the courage and conviction to make the letter public and order a CBI inquiry to find the author of the letter and should have completed the review and render justice. He has utterly failed as a Judge.
Jeevarathna, you are spot on. I remember my Maharaja’s College professor of public administration, Dr. U. Gurumurthy, excitedly proclaiming, “Howsoever high you are, the law is still above you!” He loved to talk of a rule of law society — no matter what the topic of discussion! Bless his good heart. I think he’d agree that if takes a judge to declare his/her assets in order to ensure a rule of law society, then so be it.
JR Awarey
Eee Tamil judges yella ‘Sivaji Ganesan’ ‘madhri’ thumbha alodhu matthu nagodhu madgtha irtharey!
IMLO: there will be a Tamil Cinema named as ‘ Justice Lakshmanan’ with Rajni in the lead role with Simran as his pious wife:)
Thooo awan judge janmakkey benki haaka!!
Karnataka Lover!
Please compose a heroic and ‘warignal’ Tamil song on Justice Lakshmanan saar!
Dear KL,
To get you started, I have composed a paatu
“Oh Laksmana everybody knows your sense of duty
you have made the black coats proud
you have upheld the histrionics of Tamils
with your hysterical outbursts
Make a vow that you refuse to hear
any pleas that are not in Tamil dear
we will build you a gudi
in the blessed town of Malgudi”
—Shakespeare
*off topic*
DG, Saturday 3 p.m. ge sigoNa — at Galaxy for “Kallaralli Hoovagi.”
Offtopic
NM,
sure sir, I will be outside the theatre baby sitting
No doubt, the Law is above everybody ! But, it has to come from the people of the land to decide ! Declarations for the sake of declaration won’t help much. Somebody has to read through the delcarations! connects the annual income to increase in assets and decrease in liabilities and the life-style of the declarant.