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Upper Caste Judges Dominate India's Judiciary System

By All India Confederation

Dr. Udit Raj, National Chairman of All India Confederation of SC/ST Organisations, said that corruption has its caste. The way the former Chief Justice of India, K. G. Balakrishnan and former Chief Justice of Karnataka, P.D. Dinakaran, are being treated, there is no doubt that corruption knows the caste.

Here argument is not to absolve these people but to expose hypocrisy and  double speak. The Supreme Court hastened to admit petition against K.G. Balakrishnan but why not in other cases?

Dr. Udit Raj further said that when Dr. A. S. Anand was Chief Justice of India in 2000, an affidavit through his wife was manipulated in Madhya Pradesh to claim the compensation of about 1 crore. Not only this, he tampered with date of birth. The lawyers who helped in getting the compensation, were rewarded and inducted into High Courts.

A senior journalist, Vineet Narayan, wanted to bring impeachment against him but politicians were afraid and did not cooperate with him. Then he appealed to the President of India, K. R. Narayanan, and, in turn, he sent to the Law Minister, Ram Jethmalani. This law minister acted and asked for comments from Dr. A. S. Anand. Then Prime Minister, Atal Behari Vajpayee and BJP leader, Arun Jaitley came to his rescue and Jethmalani had to go. Such a huge difference is obvious while treating dalit vis-a-vis so called upper castes. Till date, all corruption matters against Dr. A. S. Anand are pending and no one is there to rake them up. Thus there is huge benefit to be so called upper caste and specifically in Higher Judiciary. Dr. Anand not only successfully superannuated but was rewarded with Chairmanship of NHRC.

Dr. Udit Raj told that another so called upper caste CJI, Y. K. Sabbarwal's case will illustrate that corruption is not an issue. In collaboration with builders and realtors in Delhi, he passed such judgments that hundreds of colonies and lakhs of houses and shops were sealed. Innumerable people were pushed to poverty and hunger and articles and expensive wares were rotten, destroyed and rusted in the sealed houses.

Who doesn't know the famous scandal of provident fund in Ghaziabad? The main witness of this case died in the jail and after that there was no hue and cry and so far his death is a mystery. The case is being tried in CBI court, the so called honourable judges don't even bother to attend the hearings. 

The name of Tarun Chaterjee surfaced in the scandal when he was judge in the Supreme Court. Other judges' names are also involved in this scandal. What happened to the media in these matters? P. D. Dinakaran cried that he was open for enquiry, the Bar Association, Media and Judges did not wait till the outcome of proper enquiry and he was punished. Not only he was deprived of his work, he was transferred to an insignificant place. Had he not been a dalit, he would have not have been meted out such treatment.

So far, hundreds of judges have been appointed in the Supreme Court and till today only three have been from dalit background. Thousands of judges have been appointed in the High Courts and only few were from dalits and backward community.

Proportionately higher caste judges are more and if objectivity was observed in corruption matters, large number of heads would have  rolled by now. There is no examination and set standard to make a lawyer a judge. This goes without saying that their appointments are quite subjective. The appointments are mainly done on the basis of nepotism, favouritism, casteism. Can we expect speedy and fair judgments in these circumstances?