Bribe Taking & Uncle J

If practices of Uncle Judges were not enough to tarnish the image of judicary in India, allegations of corruption and bribe taking have further marred that image, specially of higher judiciary.

- Virag Gupta

THE judiciary is in crisis. There is a need to make judges appointment more transparent, end the phenomenon of “Uncle Judges” and crackdown on corruption The arrest of a senior civil judge and her husband in Delhi over allegations of bribe taking to settle a property case, has exposed the working and functioning of “fixers in the judiciary”. While middlemen and facilitators have gained recognition in several trades, their presence and involvement in the noble profession of the law, is shady and unknown.

The Judiciary is an organ that is meant to dispense justice. However, its various rungs often comprise a caucus that ensures delivery of justice to only the rich and the powerful. Former Supreme Court Judge Santosh Hegde has said that cases involving Tamil Nadu Chief Minister J Jayalalithaa and Bollywood superstar Salman Khan, have sent a wrong message because of bail being granted and out of turn hearings for the rich and powerful.

Corruption in the lower judiciary is known, and the arrest of the civil judge along with her husband underscores this malaise. The civil judge in question reportedly took a bribe that was arranged through her lawyer husband, who lived in the Judges Colony. The arrest has another angle, of the accused who was the Local Commissioner, i.e. the person charged with the responsibility of the said property.

Nepotism is widespread in the appointment of Local Commissioners, and even tenders on the administrative side. Often, local commissioners are near and dear ones of the judge, and are able to earn a good amount through the properties they are legally bound to maintain.

Add to that, any visit to the lower courts will reveal brazen corruption by court staff such as clerks, typists and even court masters with the judge conveniently looking the other way.