Corruption In Judiciary Worse Than That In Public Departments: Madras HC Calls For Strengthening Of Vigilance System, Surprise Visits, Inspections [Read Order]

While making observations regarding the corrupt practices in the Public administration of the Government Departments, the Madras High Court on Monday endorsed the fact that the judiciary also is not exempted from corrupt practices."The conscience of this Court would not permit it, if this Court fails to mention the increasing corrupt practices in the Judiciary Department as well as in Court premises", remarked Justice S. M. Subramaniam.Noting that justice requires equal treatment of all the citizens and consistency in the justice delivery system, the Single Judge observed that corrupt practices in the judicial system can never be tolerated. "It is worse than that of the corruption in public departments", he said, adding that judicial remedy being the last resort to the common man, effective, efficient and impartial judicial system in consonance with the constitutional, philosophy and ethos are to be achieved. "Building confidence in the minds of the citizens on the judiciary system is the constitutional mandate. Doubts in the minds of citizens will lead to destruction of the constitutional principles", reflected the judge.The Single Bench was of the view that undoubtedly, the judiciary has to strengthen its vigilance wing and the prevailing vigilance system in the judiciary is insufficient to crush the corrupt practices. "Frequent surprise visits and inspection in the judicial departments and premises are needed", it said, noting that many former Chief Justices of India had lamented that the judiciary is not exempted from corrupt practices. "Unfortunately, efficient measures are yet to be taken to deal with many kinds of corrupt practices in the judicial system. Making observations in the judgment is one aspect of the matter, but, if such findings are taken in a right spirit by the administrators then alone we can see the development of our great nation. Thus, the administrator must have a heart and spirit to take the issues in a right manner and attempts are to be made sincerely to develop an effective and efficient system", said the Court.The judge made these observations while dismissing a petition filed by one N. Ulagaraj against the punishment of compulsory retirement imposed on him for accepting bribes during his service as an office assistant in a Sub-Registrar office in 2004."The public servant is expected to maintain utmost integrity and honesty while discharging his/her public duties and responsibilities. There should not be any room or scope for such corruption allegations at all", said the Single Bench.The Judge expressed the view that corruption is a devil in the society. Corruption is an anti- developmental phenomenon. Corruption is the blockage for the developmental activities of our great nation. Corruption causes greater injustice to the society at large, more specifically, to the poor and downtrodden. "Large scale corrupt practices in various forms prevailing in public services are causing untold agony and common men are struggling even to get their rightful and legal benefits", said the Court.The bench continued to express regret, that it is painful to pen down that for the implementation of beneficial schemes and Government Orders, corrupt practices in various forms are demanded by the public servants and in some cases, by the higher officials and it is painful that the responsible higher officials are absolutely insensitive in controlling the corrupt practices. "Corrupt practices are not only demand and acceptance of money, but corrupt practices are prevailing in various forms. Thus creating more awareness and sensitiveness are all paramount importance in order to deal with the corrupt practices in public services", said the bench. adding that it is the constitutional mandate that every Government of the day is expected to be efficient, people-friendly and hypersensitive in the matter of dealing with corrupt practices. "Corruption eats the welfare of the society like termite", remarked the bench, observing that though, no doubt, the Department of Vigilance and Anticorruption is functioning in the State, the size of the department and the number of officials functioning are not in commensuration with the large scale corrupt practices prevailing in many number of departments. The bench opined that the department of Vigilance and Anticorruption is to be strengthened to a greater extent, so as to ensure periodical surprise inspections and raids are conducted to deal with the corrupt practices in public services. Adequate number of men and women of integrity and honesty must be engaged for this purpose. There must be full fledged coverage for the entire public administration to eradicate the corrupt practices. There should not be any scope for leniency or misplaced sympathy in dealing with the corruption cases. "The constitutional Courts across the country have delivered many number of judgments regarding the procedures and the trials to be conducted in the criminal cases in a speedy manner. ...

Corruption In Judiciary Worse Than That In Public Departments: Madras HC Calls For Strengthening Of Vigilance System, Surprise Visits, Inspections [Read Order]

Mehal Jain

Tags