Superior court judges abuse power: HC judge

Common man exhibits signs of despair, loss of trust in judiciary

He was delivering the Silver Jubilee Endowment Lecture on the topic ‘The need For judicial accountability in the era of judicial transformation,’ organised by the SDM Law College and Centre for Post Graduate Studies in Law at the SDM College Auditorium here on Sunday. Justice Kumar said, “the image of the judiciary has diminished and the common man of the country has started to exhibit signs of despair, loss of confidence and trust in judiciary.” This has happened only because of lack of judicial accountability on the part of judges of the superior courts of the country, he added.

“Mere existence of law in itself is of no use. At the same time, that law should be implemented and enforced. The content and impact of law is worked through courts, interpreted through courts and is implemented through the administration or executive. Until this process is carried out in a proper and systematic manner, the purpose of law is not achieved,” he observed. 

“The judicial system and the courts invented by the English people to protect the rich and the affluent, to protect the properties and lives of upper classes and the elite, has just remained in our country in the same manner. Though constitutionally provided law commissions are in existence and have been functioning ever since the advent of the Constitution, the goals are not achieved fully,” Justice Kumar said.
Though the judges in the subordinate courts are made accountable and their conduct and functions are made answerable directly to the High Courts, judges of superior courts have been bestowed with protection under the Constitution.
 “A mechanism is required to remove misconducting judges, particularly when they are shown to have indulged in nefarious, corrupt and immoral activities,” he emphasised.

‘Apology to Arundhati Roy’
Talking about the misuse of Contempt of Courts Act, Jusitce Kumar said that the day when Supreme Court punished Arundhati Roy for contempt and sentenced her to undergo a day’s imprisonment and sent her to Tihar Jail was the darkest day in the history of Indian Judiciary. “I, as a judge, through this expression, offer my personal regret and apology to Arundhati Roy for the judicial tyranny let lose on her,” he added.
SDM Educational Society Vice President Prof S Prabhakar, Mangalore Bar Association President S P Chengappa and SDM Law College Principal Dr B K Ravindra were present.
DH News Service

Judge admonishes VC
In the beginning, Justice Shylendra Kumar lashed out at Mangalore University Vice Chancellor T C Shivashankara Murthy, who was supposed to preside over the function, for his absence.
“How can a responsible person become so irresponsible that he skipped such an important educational programme. This act of him brings disgrace to his position. Being a Vice Chancellor of a University, he should have attended the programme and have spoken to students,” Justice Kumar admonished.