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This is an archive article published on November 9, 2002

‘Strong CJs can fight corruption in judiciary’

Conceding that corruption has dented judiciary’s image to some extent, the new Chief Justice of India (CJI) G.B. Pattanaik today said s...

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Conceding that corruption has dented judiciary’s image to some extent, the new Chief Justice of India (CJI) G.B. Pattanaik today said slackness on the part of chief justices of high courts, who supervise functioning of subordinate judiciary, was the reason behind the menace.

‘‘It is the slackness of the chief justices concerned that is the main cause. Therefore, the antidote is to have strong chief justices in every high court to manage the system as the entire judicial administration of every state depends upon him,’’ Justice Pattanaik, who took oath of office this morning, said.

He said though the image of the judiciary had been tarnished by aberrations citizens’ trust in the system still continues: ‘‘I personally believe that the trust an Indian citizen has in the system continues even though delay in dispensation of Justice is a great source of anxiety.’’

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Justice Pattanaik said: ‘‘The idea that judiciary is the watchdog of democracy is being implemented as is apparent from the recent controversy between the Chief Election Commission and the executive government.’’

Asked whether enormous powers had been conferred on the courts under contempt jurisdiction, the CJI said it was not correct to say that enormous powers have been conferred on the courts in this regard. ‘‘Usually, no court likes to punish anybody for contempt unless it feels that the allegations are intended to malign the system,’’ he added.

Asked whether truth should be made a defence in contempt proceedings, he said so far as the present position of law was concerned truth in a contempt was no defence. ‘‘The only problem in that case would be the judge concerned also should have a right to establish that what is alleged as truth is not really the truth but a falsehood,’’ the CJI said.

Expressing concern over the deteriorating discipline in the bar, he said: ‘‘If I think of the discipline prevalent in 1962 when I joined the bar and I compare it with the bar today, I must say that there has been total chaos.’’

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