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National

“Something is rotten” remark will stay, says Supreme Court

J. Venkatesan

What is required is introspection, Bench tells Allahabad High Court

Everybody knows which judge is honest and which judge is corrupt: Katju
Order didn't tar every judge of Allahabad High Court with the same brush

New Delhi: Asserting that its observations against the Allahabad High Court were intended to cause introspection rather than reaction, the Supreme Court on Friday declined to expunge its remarks made in a judgment on November 26. It had said something was rotten in the High Court.

A Bench of Justices Markandey Katju and Gyan Sudha Misra referred to the application of the High Court that sweeping observations (about sons of judges practising there) had been made, and said: “It is incorrect.” A distinction was clearly made in the judgment between those who were taking care of their reputation and those who weren't.

When senior counsel P.P. Rao, appearing for the High Court said, “People won't be able to identify the black sheep,” Justice Katju retorted: “Everybody knows which judge is honest and which judge is corrupt. The day Justice Katju starts taking bribe the whole country will know. Don't think people of India are fools. It is another matter not to say who is corrupt out of fear. These things cannot be concealed.”

When Mr. Rao replied that “people were rustic,” Justice Katju said, “Rustic people are intelligent. I know there are many good judges who are doing honest work. What I am today is because of AHC. I know about AHC 100 times more than what you know.”

Glorious history

In its clarification, the Bench said: “The AHC has had a glorious history, having produced great lawyers who were leaders in the Independence struggle. There are presently many excellent judges. These upright judges are keeping the flag of the High Court flying high by their integrity and hard work. It is therefore totally false to say that all judges of the AHC are corrupt or to construe our order dated November 26 in that manner.”

Nowhere was it mentioned that all judges were corrupt. “What is mentioned in the order is that there are complaints against ‘ certain judges', not all judges.”

Friday's order said: “One of us (Justice Katju) has close attachment to the AHC as his family has been associated with the High Court for over a century. It is, therefore, inconceivable that he would like to damage the High Court in any way. However, what has caused great pain and anguish to us are certain unfortunate happenings for some time in the AHC. It is not necessary to mention all of them here, but reference can certainly be made to certain distressing orders passed during the summer vacation by certain judges this year, one of which pertains to this very case.

Referring to the submission that the observations “we have made in our [November 26] order seriously damage the reputation of the institution” and sully its image, the Bench said: “The reputation of an institution is damaged and its image sullied when some of its members pass shocking orders and behave in a totally unacceptable manner. We can quite appreciate the anguish of some of the learned judges of the Allahabad High Court, but we cannot overlook the fact that there are times when introspection is required, and not mere reaction. We earnestly request the judges of the High Court to consider our order in that spirit. We again reiterate that there are many excellent judges in the AHC who are working hard and doing their duty honestly, and we have not tarred everyone with the same brush.”

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