Saturday 3 October 2015

STRENGTHEN THE JUDICIARY

🌹Dear All,
Under  the  English Common Law  which was  the law prevailing in India when India became a Republic and which was adopted to be the law of the land under Article 372 (2) of the constitution, the judges of the superior courts enjoy absolute immunity from criminal as well as  civil proceedings for whatever a judge does in  the excersise of his judicial function, howsoever,illegal or malicious it  could be, will not invest in the person injured any legal remedy;an exception to the concept that the law will  not fail to provide a remedy for a man or woman who has suffered an injury.
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The doctrine of absolute "immunity" which a judge is considered to be invested with has increasingly been universally  recognised to be antithetical to the concept that all power,whatsoever,  excersised by, whomsoever, occupying  a public office is a power excersised in discharge of a public trust and ,therefore, they being  holders of the public trust are liable  to account to the public for the  abuse of power by them and that  even the judges of the higher judiciary could be afforded no exception to the said democratic ethos. All democratic  countries  across the globe , save a few exceptions as ours, certain  mechanism  to secure  judicial  accountability was brought into existence. 😩😩😩😩👇👇👇Unfortunately, in our country absolutely nothing has been done in that direction .On the contrary, the SCI without any discussion, nay, in the  most arbitrarily manner,  by recourse to judicial dicta, ordered that no FIR could ever be registered even of heinous crimes  punishable under the IPC;crimes which have nothing to do with the discharge of the  judicial function by a judge;without the prior written permission of the CJI.😳😳😳😳👇An innocent man who had to  remain incarcerated in jail for 7 years for no offence committed by him  but  because of the gross failure on the part of the judge concerned who had convicted him without affording a fair trial has ,am made to understand ,has initiated certain legal proceedings. I don't have the details of the action at the hands of the unfortunate man.🌹🌹🌹🌹🌹🌹🌹🌹👇👇👇👇😩.Securing of at least some  semblance of Judicial accountability is one of the core agenda of the National Lawyers Campaign for Judicial Transparencym and Reforms.In the next meeting of the NLC, this issue will be included in the Agenda for discussion.
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P.S.
KINDLY JOIN THE NLC, STRENGTHEN THE JUDICIARY 🌹🌹🙏🙏
Mathews J Nedumpara, President, The National lawyers campaign for Judicial Transparency and Reforms.

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