Wednesday, December 8, 2010

HC urges SC to expunge ‘some rotten’ remark

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Publication: The Times Of India Lucknow; Date: Dec 8, 2010; Section:
Front Page; Page: 1


HC urges SC to expunge 'some rotten' remark

TIMES NEWS NETWORK

New Delhi: The Allahabad High Court on Tuesday moved an application
before the Supreme Court requesting it to expunge the "something is
rotten" remark made in a recent judgment raising a question mark over
the integrity of some judges.

The application was filed by advocate Ashok Srivastava after a
full court resolution of the HC judges unanimously decided to seek
removal of the "unwarranted" comments by a Bench of Justices Markandey
Katju and Gyan Sudha Misra.

The HC said the issue for adjudication before the apex court Bench
pertained only to leasing of a plot for setting up a circus which did
not remotely relate to judicial integrity. Hence, the remarks were not
warranted, it said. Bench urged house cleaning

While deciding the appeal filed by one Raja Khan, the SC Bench had
said, "We are sorry to say but a lot of complaints are coming against
certain judges of the Allahabad HC relating to their integrity." It
had gone on to request the HC Chief Justice to take strong "house
cleaning" measures, including recommending transfers of the
"incorrigibles".

The SC had said, "Some judges (of the HC) have their kith and kin
practising in the same court, and within a few years of starting
practice, the sons and relatives of the judge become
multi-millionaires, have huge bank balances, luxurious cars, huge
houses and enjoy a luxurious life.

This is a far cry from the days when the sons and other relatives
of judges could derive no benefit from their relationship and had to
struggle at the Bar like any other lawyer."

Quoting Shakespeare's "something is rotten in Denmark" from
Hamlet, the Bench said, "It can similarly be said that something is
rotten in Allahabad High Court."

The HC is the largest in the country with a sanctioned strength of
160 judges. However, it is operating with only 73 judges as there are
87 vacancies.

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