August 16, 2014

Two methods: For removing corruption of staff in Lower Judicial Courts in District towns

I have experience of practising in District Court, High Court and Supreme Court.

In Supreme Court, CC TV cameras are fitted everywhere. Very difficult for court staff to ask or to take bribes or gifts.

In 1982, when I practised in trial court, I had seen court staff asking for bribe for giving dates, giving copies etc. I am not aware about present situation.

Legal Position- Two Routes

The staff of court, including public prosecutors, are covered under Prevention of Corruption Act,1988

A litigant can go to Anti Corruption Branch for arranging traps and raid on corrupt person. (There is probably some protocol that ACB will seek permission of District Judge before raiding within court premises. But this is for ACB office to needful. This does not bar a litigant from lodging complaint with ACB) 

2) Second route is, a litigant should make a written complaint to District Judge. There should be enough factual details, dates etc in complaint.

The District Judge is expected to take action as per law.

What Judiciary Can Be Expected To Do?

If it has budget ( To be given by State Govts), the working area of judicial staff should be covered under CC TV Camera with audio recording.

The installation of cameras itself will prove deterrent.

2) Audio recorded on a mobile cell can be forwarded to a specified mobile number notified by Court.
Such arrangement can also help in reducing corruption.

I believe that Supply follows Demand. If people will insist on Corruption Free Judicial Staff, they will get it. But duty is on them to raise such demand. (Duty is on States also to give necessary budgets)

Haresh Raichura
16/8/2014