SC maintains something is still rotten in HC, rejects plea that this could confuse the ‘rustic’

The Supreme Court today offered little relief by way of clarification while dismissing Allahabad High Court’s application to expunge the apex court’s earlier castigating remarks that “something was rotten” in the lower court amid a prevalence of “uncle judges syndrome”, while holding that there were “excellent and good judges too” and incorrigibles should be transferred.

A bench of justices Markandey Katju and Gyan Sudha Mishra rejected the pleas of the Allahabad High Court’s senior counsel P P Rao and called from introspection rather than reaction in turn, reported the Times of India.

The judges also noted that people of India are not fools in response to the senior counsel’s argument that the “rustic people” would not be able to distinguish between an honest and corrupt judge while pressing for complete expulsion of the Supreme Court’s earlier remarks.

The Allahabad High Courts had maintained that a mere clarification that there were some honest judges too in Uttar Pradesh High Court was not enough and comments casting aspersion on the state judiciary’s image were not good.

Rao had filed an application for abrogation of the apex court’s remarks following a strong indictment of the Allahabad High Court in a 26 November order passed during the hearing of an appeal against an allotment of land in favour of a circus on a property belonging to the Waqf Board.

Drawing allusion to Shakespearean phrase “Something is rotten in the State of Denmark,” the SC bench had said that the high court “really needs some house cleaning”, reported the Times of India.

“It had made the remarks in a 12-page order while making the insinuation that several judges of the high court suffer from ‘uncle judge’ syndrome, which refers to judges passing favourable orders for parties represented by lawyers known to them,” wrote the TOI.

Comments

Anonymous guest 13 Dec 2010, 18:57
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Considering that supreme court judgments are read and referred to all over the world, such a remark should not be entertained in a supreme court order..
also a shameful remark about one particular high court ignoring the other high courts where uncle judge syndrome has also affected should not be encouraged.
Allahabad being a small city with the largest high court in Asia n the maximum no of judges in any high court... is bound to be affected by this syndrome.. but corruption and the so called uncle judges syndrome r two different things..agreed corruption should be cured but this syndrome has been uselessly spoken about...
Anonymous guest 16 Dec 2010, 13:54
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Message has been conveyed very clearly and loudly, not only to one HC, but to all others. However mere transfer is no solution. Corruption is a 'mindset' and it seldom changes. 'Resourceful litigants' will find right connection from the prevoius HC and procure the desired result. Resourceless litigants do feel, that justice is not only being delayed, but is also being sold. Time has come to change the appointment, elevation and the removal system.Once a judge always a judge, has to change. Both the executive and the judiciary has failed to provide transparent and accountable justice delivery system. Let there be national and state judicial councils having nominees from the legislature, executive and judiciary, bar included to take care of the entire
justice delivery system to ensure arrear-free judicial institution.