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PUCL Bulletin, February 2003

A letter ot the President of India, A.P.J. Abdul Kalam
Discipline the judges

-- By H.B. Shenoy, 31.12.2002

Dear President,
The existing system of procedure if at all it is there to Judge the Judges of the higher judiciary is in-adequate. For the Judges of the higher judiciary viz., High Court and Supreme Court impeachment provided in the Constitution of India is unwielding and impracticable as proved with Justice Rama Swamy's case of Supreme Court which is known to everybody.

An alternative procedure/ mechanism as to bring to book the erring judges and discipline the judges or High Court and Supreme Court is need of the hour.

Misconduct as well as corruption has to be nipped in the bud even in the judiciary in the light of the fact of the statement made by the former Chief Justice of Supreme Court of India, Justice Bharucha that 20% of the Judicial officers only are corrupt and are of a questionable behaviour which spiels the name of the entire judiciary.

In the case of proved misbehaviour regularization of the appointment as an additional judge should be judiously considered and extension avoided in appropriate cases.

I am writing this letter in the light of the recent reported act on the part of one of the Judge of the Kerala High Court Justice J.M. James who happened to slap a pedestrian in the open road on the ground he did not give way for his motor car while proceeding to the High Court. This happened last month and was discussed heatently in the press and media.

Till decisions are taken of constituting a Committee of Judicial Accountability or same such thing the only course open to me is to write to your good self as Constitutional head of the State and as the appointing authority of judges of the High Court and Supreme Court.

I do hope that the matter I have raised will be given the deserving attention at your kind hands. Yours sincerely

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