RAVINDRA SINGH ADVOCATE Vs. TAVLEEN SINGH

JUDGEMENT

(1.) The petitioner who is a counsel of this court and generally spouses the cause of down-trodden and at times of Judges as well, has come up with a plea to initiate proceedings under contempt against one Tavleen Singh, author of an article who will hasten the Judge published in a leading newspaper of the country India Today September 29. 1997 issue at page 33 as well as the publisher of the aforementioned magazine for having made and published contemptuous remark concerning Indian Judiciary. The alleged offending article reads thus: Who will hasten the Judges? A slow legal process tortures the innocent and allows the guilty to get away. Of late life has been bad for our politicians. Not just because you and I see them as corrupt until proved innocent but also because the judiciary has been so emboldened by politicians bad behaviour and public sentiment that judges spend much time writing eloquent testimonials to corruption. These are regularly splashed on front pages by editors who appear to be thoroughly enjoying the spectacle of former prime ministers and ministers being dragged through the mire of public trials. Recently the judge in the Jharkhand Mukti Morcha bribery case told us. Power intoxicates the best hearts as wine the strongest head but then no body can thrive on corruption. It is the forth on water-an inch deep and then the mud. Now, what descriptive talent, we tell ourselves. What articulation. Well done, Justice Jaspal Singh, when you retire you could perhaps consider a future in the literary profession. Listen to this title extract from Singhs scathing judgment in the Delhi High Court when he decided that P.V. Narsimha Rao, the former prime minister should be tried for bribery:T What is the best way to win political foes? Persuasion? Understanding? Love? Compassion? Dele Carnegies sermons? The sordid fact giving rise to these revision petitions against framing of charges show that the secret of successes lies, at least with regard to some, in mastering the art of transferring ones own bulging wallets into the eager pockets of others. Phew; Poor old P.V. No wonder, when I tried to interview him this past week, one of his underlinks informed me sadly that he had taken a decision not to give any interviews until all these court cases are decided. But that could take years, I pointed out. Yes, the underlink agreed, but Rao was clear he would say nothing till then. If Rao is serious about this, he could remain silent for so long that eventually nobody will be interested in what he has to say - that is, if he is still alive to tell the tale. The Indian Judicial process is a long and tortuous one. This is not the fault of politicians or bureaucrats but the fault of the judiciary. I hesitate even as I write this because our, judges are notoriously allergic to any criticism. But surely the fundamental reason why the corrupt and the criminal continue to do about their evil deeds happily is because they know that even if they are caught, it will take roughly 20 years before they are found guilty. In recent years - as 1 have carefully read the stirring words our judges use to condemn political leaders who have been dragged before them I have often wondered why such honourable men have not found time to rectify the obvious wrong that beset their own house. Why is it that even the most important cases take such a very, very long time to get decided? Let me list for you only a few glaring examples the killing of Sikhs in 1984, Mumbais bomb - blasts of 1993, the Babri Masjids demolition in 1992, and, as Sonia Gandhi requisitely points out, Rajiv GandhiTs murder in 1991. This is without even mentioning the hundreds of custodial killings, caste massacres and communal riots that have so blotted our 50 year - old democracy. The common man often does not even brother going to court; He knows process is so long and expensive as to be completely worthless. Why does justice take so long in India, your Lordship? Could we have same eloquent explanations? There are other things that puzzle humble hacks like me. Why, for instance do the most frivolous cases get entertained when our judicial system is clogged with lakhs of unheard ones? Did we really need to let Priyanka GandhiTs so called suitor have his say in court. I understand from an impeccable source that more that 90 percent of the cases in our courts involve the government or the local administration; Municipalities are notorious for taking people to court for the most flinsy reasons. They will, for example, decide that someone owes them a certain tax, and when the person protests or tries to explain that they are wrong. the municipality takes him to court instead of trying to settle the matter amicably. These cases would not be admitted unless the judges allowed them. The upshot of a judicial system that takes so long to deliver justice is there for all to see corruption and criminality are, as Justice Jaspal Singh pointed out, rampant. What is worst in the fact that the police has realised it can get away with shoddy investigation and allegations rather than evidence by using wonderous new phenomenon called the media. So when MumbaiTs police chief wants to show that it is he and not gangsters who control his city he calls a press conference to announce that Nadeem is being charged with the murder of Gulshan Kumar. Naturally, a trial begins in the media. Nothing better could happen from the policeTs point of view. If the police eventually fails to prove its charges in court, so many years will have passed that it will no longer matter. Nadeem is guilty until proved innocent. Since our Judges are so, articulate when it comes to attacking other or gans of the state like the Legislature and the Executive, will they also let us have some of their thoughts on the Judiciary. The answer to one little question will do: why does the Indian judicial process take so long?

(2.) According to Sri Mahesh Gautam, learned counsel appearing in support of this petition following sentences in the aforementioned article constitute gross criminal contempt. The Indian Judicial process is a long and tortuous one. This is not the fault of politicians or bureaucrats but the fault of the judiciary. I hesitate even as I write this because our judges are notoriously allergic to any criticism.T

(3.) Having gone through the entire article it appears that by and large the author of the article has said not about the administration of justice of this court but of Delhi High Court.