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Action, my Lord!

Last Updated 12 July 2009, 16:41 IST

Some incidents of intimidation of judges and interference in the working of the judiciary, which have recently come to light, need to be viewed seriously. It is not enough to condemn them but necessary remedial and punitive action should be taken to ensure that they do not occur again. A trial court judge in Delhi was reportedly manhandled by some lawyers, who also obstructed court proceedings and attacked the court room staff. The provocation was that the judge was making an inquiry into a fictitious petition filed in the court. It is unfortunate that lawyers, who are part of the judicial system, themselves are party to subverting it. The lawyers’ community should take action against the black sheep in their fraternity and live up to their role as professionals assisting the judges in the discharge of their duties. The errant men should also be legally proceeded against.

The second incident, which was reported last week, is more serious. A Madras high court judge, Justice R Raghupathi, disclosed in the court that a union minister tried to influence him in a case related to the granting of anticipatory bail to two persons. It is still not clear whether the minister spoke directly to the minister or through the lawyer representing the accused. Either way it is a serious offence. Chief Justice of India K G Balakrishan has taken note of the incident, describing it as an act of gross impropriety. The identity of the minister has not been revealed. There have been cases of political interference in the judiciary in the past too. Supreme court judge S N Variava had disclosed some years ago that a request was made to him to shift the judge who was hearing the fodder scam case. Such requests should not be ignored and action, including contempt of court proceedings, should be initiated against those involved.

Judicial and political action should be taken against the minister who directly or indirectly tried to influence Justice Raghupathi. The CJI and the prime minister should take the initiative. Coalition manners should not stand in the way of the prime minister taking action in the matter which involves the independence of the judiciary and the image of the government. There may also be other cases which do not come out into the open. Ignoring them will send out a wrong message and encourage politicians or others to resort to such improper actions.

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(Published 12 July 2009, 16:41 IST)

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