Urgent need for clean-up of corruption in the lower courts

By: Amit Kumar Bhowmik

@the_news_21

Pune: Since he was ushered in as Prime Minister in 2014, Narendra Modi has been crying himself hoarse, that all dealings must be transparent and he has unleashed, at least on paper, an assault against corruption on a war- footing.  Our incumbent Chief Justice of India (CJI), Justice N.V. Ramana, has been echoing these sentiments, which as things stand, continue to remain hollow assurances and little else but hot air.

Much-ado-about-nothing! I say this with conviction and   from   my several decades of practice in the legal arena. I am 75 years old. To declare that corruption is not prevalent in the Courts and as dangerously uncontrollable as a viral epidemic, would be akin to taking an ostrich-like stance and donning on rose-tinted glasses’ Justice Ramana has also urged that the Courts be litigant- friendly, which I fear, has largely fallen on the deaf ears of judicial officers; high and low.

I would suggest that he pay visits, incognito, to the Family Courts, District Courts in Pune, as well as some lower Courts, like at Vadgaon, Jalgaon, Beed, Nashik and Nagpur in Maharashtra. I am based in Pune, although I have matters in other parts of the country. I think, it is safe to say that these, largely mediocre persons, behave in a high-handed manner, be they in the seat of a Judicial Magistrate First Class (JMFC), District Judge or, often, as Judges in superior Courts, little realizing that the powers conferred on them are temporary and they have been charged with not misusing them.

The Central Government enacted the Family Courts Act in 1984 with an intention to encourage prompt settlement of disputes dealing with family affairs and matrimonial issues. As per the Family Courts Act, 1984, it is an Act to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith.

But, in practice, it is my personal experience, that these lofty ideals mooted, are almost never practically implemented. If CJI Justice N.V. Ramana, takes time off from his hectic schedule, to pay a sudden, unannounced visit – in ’mufti;’ without fan-fare or warnings- to the Family Courts in Pune or Nagpur, he will learn, at first hand, the callous and bullying outlook of the Judges, who are totally lacking in ethics or compassion.

Besides, corruption is a way of life now. It is no secret that despite champertous agreements, whereby the Petitioner / Respondent agrees to share with or give a part of whatever is gained as the result of the Suit maintained to the concerned advocates, despite being deemed illegal in the Indian Courts, is a rule and not an exception, especially in the Family Courts. Lawyers at the Family Court’s in Mumbai, Pune and elsewhere, take as much as 25 to 40 percent of the ‘settlements’ arrived at between the parties. This booty is shared by the lawyers for the Petitioner and Respondent, Thus, practice in the Family Courts is extremely lucrative.  Corruption in the Courts is rampant. But, the powers-that-be tend to turn the Nelson’ eye or pretend that it does not exist.

 The Maval Taluka of Pune District is of great historical   significance. This was where Chhatrapati Shivaji Maharaj, the great Maratha warrior, rallied his ‘mavalis’. It was his bastion. It was here that the Marathas gave the British a run for their money! For the first -and only time -since the British invaded India, they were forced   to return the territories in the region conquered and plundered by them.

The Treaty of Vadgaon was  signed on January  13, 1779.The  compact  was entered into after the First Maratha War in India (1775–82), marking the end of British efforts to intervene in Maratha affairs by making Raghunath Rao ‘peshwa’ (the nominal leader of the Maratha Confederacy), or at least, the  Regent for his infant great-nephew.

The Treaty was concluded after a British expedition, commanded by Col. William Cockburn and controlled by Col. John Carnac, was surrounded by Maratha forces at Vadgaon, 23 miles (37 km) from Pune and forced to come to terms.

The terms included the return of all British annexations of Maratha territory since 1773, including Salsette Island; the halting of a British force marching from Bengal; and a share of the revenues from the district of Broach (Bharuch) for the Maratha chief, Scindia. The terms were disavowed by the British authorities at Bengal, and the First Maratha War dragged on until 1782, ending with the British abandonment of Raghunath and retention of Salsette.

Now, alas! Maval has become a hot-bed for the land mafia, which is running amok, with the tacit-or direct-collusion of the police, bureaucrats, Government officials like the Talathi’s, and, sadly enough, crooked judicial officers. Most of these land disputes and scams come before the Vadgaon Courts.

On March 22, the Supreme Court rejected Special Leave Application No. 2498/2021 filed by Judge Archana D. Jatar, against whom corruption charges have been leveled by the Anti-Corruption Bureau.

The FIR No. 0025 dated 14/1/2021 under Sections 7 & 12 of the Anti- Corruption Act, 1988, registered by the Dehu Road Police, District Pune, sets out that Archana Jatar, who is a Judicial Officer in the Vadgaon Courts in Maval Taluka had allegedly demanded a bribe of Rs.5 lakhs from one Swapnil Madhukar Shevkar, so as not to proceed in his case before her. According to the Complainant, as noted in the FIR, Judge Jatar had also had a telephone talk with one Deshmukh, another Judicial Officer from the Vadgaon Courts. 

The Bombay High Court in Anticipatory Bail Application No. 591 of 2021 moved by Judge Archana Jatar, had on March 3, 2021   rejected it. Justice Sarang Kotwal had, in fact, come down heavily on her noting that:

“This is a very serious case, in which a judicial officer is sought to be arrested.”

After the Supreme Court rejected her SLP, Judge Archana D, Jatar was arrested by the Dehu Road Police (through the ACB) on March 29 and remanded to police custody until April 5. The investigations are continuing vis-à-vis some alleged land cases in which she and others may have played a part, according to the Remand Report.

There is absolutely no doubt in my mind that, particularly, in the last two decades, the faith of the common people in the judiciary has drastically eroded. The poisonous tentacles of corruption have throttled hopes of securing justice for those unable to pay exorbitant fees of lawyers and also grease palms, which appears to be now an accepted norm.  From the lowly clerks to dishonest Judicial Officers, litigants have to pay them all off, through ‘mediums’, who keep a chunk of the ill-gotten money for themselves. Unfortunately, bent lawyers have their roles to play in these dubious deals.

At every level, palms have to be greased.  In smaller Courts, for the clerk to search for your file, it costs around Rs.200. In the High Courts and the Supreme Court, it is a lot more. While the moves to have all functioning of Courts on-line and through videos is laudable, it is akin to French Queen Marie Antoinette asking the people to have cakes when they complained they had no bread to eat! On-line filing, video conferencing et al, are not within the reach of the common man. As it is, litigation is unaffordable for most people.

Delay in providing justice, without any justified reason, disturbs the entire functioning of the judiciary and leads to injustice.  Ineffective actions, slow Trials, improper investigations, non-implementation of laws and the complex Courts procedures are the major causes of increasing corruption in our legal system. Corruption relates also to the misuse of entrusted power for personal gains.

I greatly admire once-upon-a time Union Law Minister, Shanti Bhushan and his son, Senior Supreme Court Counsel, Prashant, although I do not share their politics. Yet, I respect them for picking up the gauntlet and taking cudgels against alleged corruption apparently prevailing even in the highest judiciary.

The Supreme Court! They have openly cited names of some of the former Chief Justices of India, who they contend were corrupt. In 2000, a Chief Justice of India was accused of using his position to force the lower judiciary to hold in favour of his wife and mother-in-law in a litigation. In 2002-2003 matters alleging sex for acquittal and cash for jobs were widely reported in the media.

 I had made an application under the RTI Act to the Director of the Anti-Corruption Bureau, Pune (ACB), seeking information about the fate of the prosecution launched against Judge Archana Jatar, as well as for the identity of the mysterious ‘Judge Deshmukh”, also of the Vadgaon Courts, in the Pune District, who had been named in the FIR as an alleged facilitator of the bribe reportedly taken.

After a long while, I received a communiqué from the ACB that my queries could not be entertained since the matter was still being investigated. Apparently, some land deals are being scrutinized by them, although there seems to be no visible activity. Notably, it is now over ten months and ‘the investigations’ continue, unabated! I cannot help but wonder, if the officials concerned in the ACB are deliberately being lax so as to allow the accused to wriggle out of the matter?

For a   consideration, of course!  I also wrote to CJI Justice N.V. Ramana, attaching copies of the FIR, orders of the Courts et al, But, I have, thus far, not received a reply, which, I must admit, has broken my heart and shaken my confidence, since I took his crusade against corruption in the judiciary and as the self-appointed champion of the under-dogs, seriously, and at his word.

While the investigations continue to hang in limbo, this mystifying ‘Judge Deshmukh ‘of the Vadgaon Courts might, in these months, even have been sheltered; shunted out – and promoted! He might even soon be appointed as a Judge in the High Court! It is, therefore, not difficult to understand or even appreciate my cynicism.

The rot has to be stemmed post-haste by the CJI, who, unfortunately, retires on August 26, 2022. But he can make a beginning,’ to the ends of justice ‘, so-to-say. After all, the journey of a thousand miles, begins with a single step.

Late Justice V. K. Krishna, in his own inimitable fashion, had once submitted:

“Few robed brethren, Indian or foreign, have attained this composite excellence. While the pedestrian judicial tribe hardly attempts to cerebrate creatively, or foresee penetratingly, most of the members on the Bench merely laze through their tenure or drudge as artisans to dispose of the crowding dockets “

To effectively sanitize the judicial system, there must be the political will to catch the bull of corruption by the horns; systematically, and without pulling back any punches; wrestle it down to the ground. To start with, there must be a review of how records are being handled and modern tracking systems must be introduced, which will cut down corruption, especially in the lower Courts.

Basic laws must be loaded   frequently on the internet, with citations from relevant judgments, for laypersons to grasp. They can also then be free of avaricious lawyers and the like. Mediation Courts must be increased so that cases are settled amicably outside the Courts; away from the clutches of wanton and greedy advocates and even corrupt Judicial Officers. Create effective Vigilance Cells, to tend to the grievances of litigants and even officers and staff of the Courts, who may be coerced to commit wrongs by their superiors.

All Judges must be subject to review. The Bombay High Court lately reprimanded a Judge from a District Court at Chiplun, who had been passing terse , one line-orders without referring to ratios of Superior Courts  which had been cited  and also submitted  .Instead of  commencing with contempt proceedings, however, the High Court Bench,  since the Advocate General submitted that the concerned Judicial Officer had already been pulled up by his senior, directed that the errant Judge’s orders be scrutinized by the Principal Judge for a year ,to bring him to heel. 

This dreadful pandemic which has purged the   entire world, may have some positive points as far as the Courts in India are concerned.  The clerks, who truly ruled the roost, are out of circulation. There is far less activity on the judicial front at all levels, as well. Most lawyers are like daily wage earners, and they are out on a limb.  The   vile specter of corruption has been, relatively, tamed.

This is the opportunity that ought to be seized by the   Union Law Ministry and others responsible, to enforce the suggestions made above. They must put their feet on the accelerator instead of the brakes, and take advantage of this chance to implement genuine restructuring of the Court machinery to provide optimum benefit to the people, especially those who are from the grass root levels.

Justice N. V. Ramana, who succeeded Justice S.A Bobde as the 48^th Chief Justice of India on April 23, has a short term until August 26 next year. But, in this brief tenure, it is fervently hoped that Justice Ramana, who has had a stint in journalism, will endeavor to return the public’s confidence in the judiciary.

While corruption in the Courts cannot be wished away, there still is hope of, at least, containing it, if stringent and urgent action is taken, without fear or favour, by the powers-that-be.

PLEASE NOTE: The submissions made in this article are solely by the author and we do not necessarily support them.

Amit Kumar Bhowmik is a Pune-based senior Advocate. He may be contacted on E-mail amitbhowmik1@gmail.com