First about My Bias:
I am firm believer that Judiciary is last strong pillar of our nation. Corruption in it is minimum.
I am making an attempt to demolish propaganda that '80% Judges are Corrupt'.
Myth 1
Perceptions are such that Judiciary is highly corrupt.
An NGO made such survey on basis of perceptions of people it surveyed. Someone in Jammu filed criminal complaint of defamation against this NGO. It was Supreme Court which stayed the case. Why? Because we believe in right of people to criticize judiciary. We know that in public there is high perception that "Judiciary is corrupt". This is due to massive misinformation.
Myth 2
All Judges are corrupt.
I will try to demolish this myth with Two aids. 1) One with story of a Hindi Author Premchand Munshi. And 2) With my one experience in trial court.
1) Premchand Munshi wrote a story which says that SEAT of Judge is DIVINE. Anyone who sits on this chair becomes just and honest and impartial.
I will explain it in this way. Suppose if you are asked to become a Judge and decide a case where your friend is charged with raping a minor girl.
After you will sit on chair, process will begin.
You will see the minor girl who is raped. You will hear one by one twelve witnesses who will say how your friend raped this minor child.
Something in you will turn upside down. You will forget about your friendship. You will convict your dearest friend for rape. Because you are EXPOSED TO FACTS OF CASE.
YOU ARE AROUSED BY THE GODDESS OF JUSTICE. THE SEAT ON WHICH YOU SIT IS DIVINE.
SECOND ISSUE
2) In one District court, 30 years ago, a client told me that he himself PAID Rs.5000/- BRIBE TO JUDGE to win a case..
I asked him, how actually did he pay bribe of Rs.5000/- to Judge.
He said, During Court recess time, he and his lawyer went to chamber of judge. Lawyer send his card to judge in chamber. Judge called him. He went inside. Client waited outside. Lawyer came out of chamber and said that he has paid Rs.5000/- to judge. He believed
His lawyer was Member of Legal Aid Committee. He had gone inside chamber of judge to invite judge to a legal aid camp. He duped his client by saying that he had gone in chamber to pay Rs.5000/- to judge.
This is truth. Try to enlarge this. Think more on this.This is why there is so much perception of CORRUPTION in judiciary.
CONCLUSION
This article is supposed to force you to rethink if you have thoughts that "80% Judges are Corrupt".
They are NOT. Only 2% are corrupt. Rest of misinformation about Judiciary is false.
I propose to take this issue further and to show how 2% Judges indulge in corruption and what we can do. But let me pause here.
Haresh Raichura
26/10/12
