By: Amit Kumar Bhowmik
@the_news_21
Mumbai: On April 1 the Union Law Minister, Kiren Rijiju, informed the Lok Sabha that, “There have been as many as 1,631 complaints about the functioning of the judiciary, including judicial corruption, and such complaints have been forwarded to the Chief Justice of India (CJI) and Chief Justices of the concerned high courts following an “in-house” mechanism.
Responding to a written question from DMK’s S Gnanathiraviam and BSP’s Malook Nagar on whether or not there has been increase in instances of judicial corruption, Rijiju said that during the last 5 years (from 01.01.2017 to 31.12.2021), 1,631 complaints were received in the Centralised Public Grievance Redress and Monitoring System (CPGRAMS) on the functioning of the judiciary ,including judicial corruption and [these were] forwarded to the CJI,/Chief Justice of High Courts, respectively, as per the procedure established under “in-house mechanism”
Surely Kiren Rijiju was playing an April Fool’s joke, since I contend that the number of complaints against the (mal) functioning of our judicial system is, perhaps, many folds higher!
On November 26 last ‘The News 21’ published my fairly in-depth article on corruption in Courts – six months earlier to Rijiju’s disclosure. Although I have received a lot of response from the public, the powers-that-be have maintained a stoic silence!
According to Rijiju, the complaints have been forwarded to the Chief Justice of India and the Chief Justices of High Courts to be dealt with. However, although I am truly impressed with the CJI’s Press Statements on transparency; Courts to be litigant friendly and embarking on a crusade against corruption, on the grounds there is not much to back his reassurances! Rijiju and his political lot make suitable noises, from time to time, with their eyes focused on the ballot boxes. Are these assurances given, little else but hot air?
On March 25, I sent, yet again, my petition to the CJI Justice N.V. Ramana, some excerpts from which I am setting out.
“A friend of mine was murdered on January 13, 2010. Satish Shetty was much younger than me. But I admired him for taking up cudgels against powerful land-barons, under the Right to Information Act (RTI). Satish was reportedly probing into the alleged misdoings of a huge syndicate, running into a scam of several thousand crores of rupees. Obviously, they have political backing. On January 13, 2010, Satish had gone in the early morning to fetch the newspaper, near his house at Talegaon Dabhade, Maval Taluka. His assailants were waiting for him. Satish was stabbed multiple times. He died.
It so happened that I was appearing for an Intervener, who was also a victim of the land mafia, in PIL No: 59 of 2008 before Hon’ble Justice F. I. Rebello in the Bombay High Court on January 14, 2010. I tabled the newspapers reports of Satish Shetty’s murder.
Hon’ble Justice Rebello took the News Paper report, which appeared in a leading national English daily, suo motu as a Writ Petition:
“While hearing the Public Interest Litigation No.59 of 2008 our attention has been invited to the Newspaper items appearing in various newspapers circulated in Mumbai on the attack on the social activist Satish Shetty which has resulted in his death. The newspaper reports indicate that late Shri Satish Shetty by use of the Right to Information Act has unmasked various irregularities in the matter of government lands and other incidents. This comes immediately after another newspaper item which appeared some days back which disclosed an attack on another social activist in the City of Mumbai, who are petitioners before this Court in the petition filed by Cityspace in the matter of S.R.A. Schemes on land reserved for playground and R.G. Areas.
2. Such incidents, in our opinion, are to dissuade public spirited citizens and other social activities from approaching this Court to highlight the irregularities and illegalities. This Court, therefore, cannot close its eyes to such an incident. Considering the newspaper item in the leading national English daily of today, this Court takes Suo Motu notice of the same, specially of the murder of late Satish Shetty.
3. We, therefore, direct the State Government as also the Director General of Police to file an affidavit in this Court as to what steps have been taken to investigate both the matters and further what steps they propose to take in the matter of threat perception to other activities who have filed petitions before this Court. Affidavit to be filed within one week from today. Office to treat the news item in the leading national English daily of today i.e., February 14, 2010 as Suo Motu Petition and register the same as Suo Motu and place the same on-board next week.”
“To be candid, I have heard that even the office of the Superintendent of Police (Pune)(Rural), can be easily ‘compromised’. The only police officer who is totally above suspicion (like Caesar’s wife?) is Krishna Prakash, who is a 1988-batch IPS officer. (Chhattisgarh native). He is an athlete. The triathlon participants are required to complete a 3.8-km swim, a 180.2 km-long bicycle ride and a 42.2-km run – all within a set time frame of 16 to 17 hours. Prakash also made it to the World Book of Records for the same. He is known as ‘The Iron Man’! Before his appointment as the Pimpri – Chinchwad Police Commissioner, Prakash has worked with various police establishments. As Superintendent of Police, Prakash had handled the communal riots in Sangli District’s Miraj town in 2009.
It will be greatly a positive and proactive move, if Krishna Prakash, IPS, is given a Special Assignment to investigate the land scams in Maval Taluka, (district Pune, Maharashtra); the FIR Registered against Judge Archana Jatkar and her alleged accomplices of the Vadgaon district courts the and to provide his Action Taken Report, in a time-bound frame. The wheels of justice, which have rusted and been jammed with decades of misuse or even abuse, can, finally, be set in motion, to give hope and succour to the laity; especially poor and indigent farmers whose agricultural lands, having been grabbed are converted to non-Agricultural status and then sold for massive profits also by way of Development Agreements coupled with Powers of Attorney (DAPA). Not only are the unfortunate farmers ripped off but soon there will be no Agricultural land left in Maval Taluka, making a mockery of the Environmental laws!
It was reported in the media that the Madras High Court in A.P. Suryakrasam vs State of Tamil Nadu passed in November 2020, when petitioned that official were demanding bribes from framers at paddy procurement centres, opined that the Central Government may consider imposing the death penalty for corrupt practices like demanding bribes, calling for the Chinese or North-Korean like retribution to curb corruption.
The Madurai Bench of the High Court remarked that the Prevention of Corruption Act should be amended to impose more stringent penalties to tackle the menace of corruption. The Court was hearing a Public Interest Litigation moved by Advocate A.P. Suryakrasam. While taking into account our pacifist approach, when even the most heinous crimes are commuted to life imprisonment or there are even acquittals, there is merit in the above order of the Madras High Court.
Likewise, drawing parallels vis- a-vis Taluka Maval, (Maharashtra), bribes are compulsorily demanded at every stage by the revenue authorities, police and, unhappily, even some judicial officers. Notably, Satish Shetty’s murder remains unsolved even up to date.
Some years ago, an upright IAS officer, who I know well, was the Divisional Commissioner of Pune, had summarily suspended over 200 Tehsildars and Talathis who had fudged revenue records, 7/12 land extracts, sale deeds et al, to deprive widows and other impoverished; distraught family members and legitimate heirs of their rights to the property of the deceased.
The public lauded him for his audacious action. But, the very next day the then Revenue Minister of Maharashtra transferred him to an obscure post! This scrupulously honest and daring IAS officer was transferred 22 times in his career spanning 25 years! Since the last 12 years, Satish’s younger brother, Sandeep, and his well-wishers have run a sordidly painful and frustrating gauntlet, knocking, repeatedly, on the doors of Courts and the Establishment, but in vain. Satish’s murder remains unsolved! This, to me, speaks poorly of not only the enforcers of the law but also of our judicial system.
I had detailed earlier with regard to Judge Archana Jatkar of the Vadgaon Courts, Taluka Maval, who had been arrested by the Anti- Corruption Bureau, Pune (ACB) on March 22, 2021 for allegedly demanding a bribe of Rs.5 Lakhs for passing a favorable order. One ‘Judge Deshmukh’, also from the Vadgaon District Courts, Taluka Maval, was named in the FIR.
Apparently, since all land matters are adjudicated over in the Vadgaon Courts, it is an open secret that this alleged bribe is a microscopic part of the actual amounts given and taken as kickbacks! The ACB sleuths are either slack in discharging their bounden duties; corrupt themselves or, certainly, they lack teeth and are pressingly in need of a new set of dentures! It is over a year now since Judge Archana Jatkar was arrested. But, the ACB are ‘continuing with the investigations’ giving ample opportunity for the accused to slip out, even on technical grounds.
I, therefore, most earnestly, pray that – The Principal Judge of the Pune District Courts be directed to look into the matters raised herein above and in my earlier epistle dated September 21,2021, in public interest.
The Superintendent of Police heading the ACB, Pune be directed to file his Action Taken Report in FIR No. 0025 dated 14/1/2021filed against Judge Archana Jatkar of the Vadgaon Courts and others, and the reasons for the year-long delay in filing the chargesheet and the status of the further enquiries in the case.
Krishna Prakash, IPS, presently Commissioner of Police of Pimpri-Chinchwad, be tasked with investigating into land frauds; activities of the Land Mafia, including using strong-arm tactics, forging sale deeds, revenue records et al, in Taluka Maval, District Pune be (H.Q. at Vadgaon) be directed to file his ATR within a time-bound frame.
Any other orders or further directions as you deem to be fit and proper in the facts and circumstances, to try and contain the spectre of rampant corruption etc, which both of us, as well, as the CJI, are fighting against on a war-footing, in public interest.”
I confess that I am frustratingly aware of the horse-blinkered outlook of politicians, regardless of the hues they sport. But, while I cannot fault Rijiju is he chooses to take an ostrich-like stance, I am, even now, yet hopeful that the CJI will take quick and appropriate action to remedy the grievances I have put out to him, — and which were published in The News 21 long ago– before he retires on August 26!
About the Author: Amit Kumar Bhowmik is a Pune based lawyer. These are his personal views. He can be contacted on Email – Amit Bhowmik amitbhowmik1@gmail.com
