CREDIBILITY OF JUDICIAL SYSTEM
Here is a classic example of falling credibility of Indian Judicial system. One DA case involving a high profile politican who dreams of becoming the Prime Minister of India in 2014, has been lingering on in a special court for almost 14 years now. Those who were charged with disproportinate assets chose to drag the trial forcing many number of adjournments frustrating the Public Prosecutor appointed by the Government under the advice of High Court of Karnataka who had to ultimately quit- nevertheless listing the ordeals he faced all through the years. A friendly BJP government also did its bid to get this man ousted. then another SPP, is appointed whose name never appeared in the list of lawyers recommended by the Government This man accelarates the pace of the case and just when it was felt that his conduct is not above board, the original petitioners petition the SC questioning his appointment in the first place. Meanwhile, the high profile politician through a battery of senior lawyers argue that the judge himself is not competent to hear the case because his appointment is not gazetted. They know if this is to be upheld, the case has to be heard all over again. This was also fought in the precints of the highest court of the land. Suddenly they had managed to convince both the SPP and probably the Judge who is due to retire in September. They adduce arguments that with the hearing almost over only cross examination by the prosecution remaining, change of SPP will do undue hardship to the defendant. They also seek extension of service for the special judge unheard of in legal history anywhere in the world with an accused seeking extension of service to the judge hearing his case. Well both these arguments have been accepted by the SC who have quashed the order of Karnataka government relieving the SPP and also suggested an extensionto be given to the present judge. The case will meet a natural death very shortly. Those who rejoice that Justice has prevailed when they heard Lalu getting convicted and losing his membership of the Lok Sabha need to ponder over this. TheBhushan Duo who brought the question of judicial accountability in the first place in their interview to Tehelka, ( a contempt petition is still pending in SC) need to study this verdict.
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