Tapping of 3 mobiles revealed corruption of HC judge, Justice Katju says

By Justice Markandey Katju
There was a judge in a high court who had a very bad reputation about his integrity, and on this account was transferred to Allahabad high court. Later, with passage of time he became the acting chief justice of Allahabad high court.

Some people started demanding that he be made chief justice of some high court, and later brought to the Supreme Court.

The then Chief Justice of India, Justice Kapadia, had received several complaints about this judge, and requested me to find out the true facts about that judge (I was then a judge of the Supreme Court).

At that time I had to go to Allahabad, my home town, for attending a function. While there I contacted some lawyers I knew, and got three mobile numbers of the agents of this judge through whom he was taking money.

On returning to Delhi I gave these three mobile numbers to Justice Kapadia, and suggested that he get these numbers tapped through intelligence agencies.

About two months thereafter Justice Kapadia told me that he had done as I had suggested, and the conversations tapped revealed the corruption of this judge.

After this, Justice Kapadia should have called this judge to Delhi and asked for his resignation, failing which he would refer the matter to Parliament for impeachment, but he did no such thing (though he did not allow the judge to become chief justice of any high court or an SC judge).

Most CJIs are reluctant to expose corruption in the judiciary thinking this will defame the judiciary, and so they prefer to bury corruption under the carpet, not realizing that the bulge under the carpet will show.

Some think exposing corruption defames the judiciary. My reply is: Does corruption by judges defame the judiciary, or does exposing such corruption defame it ?

I may give another example. When I was acting chief justice of Allahabad high court, I went to Delhi and met Justice Lahoti, the then Chief Justice of India, and gave him a chit containing names of five judges of Allahabad high court who were doing shocking things. Justice Lahoti asked me what should be done.

I replied that if he permitted, I would solve the problem in 24 hours. He asked how.

I replied that I was going to Allahabad by the night train, and on reaching there would tell the registrar general to telephone these judges, and tell them the chief justice had instructed that they would not be allowed entry into the high court premises.

Police was being posted at the gate of the HC with instructions from me that these judges were not to be allowed entry.

Their chambers had been locked, and they would receive their salary checks at home, and they need not come to the high court. I did not want to see them inside the high court premises as they had disgraced it.

When I said this, Justice Lahoti said, "Please do not do this, because then the politicians will get a handle, and then they will set up a National Judicial Commission". I replied that since he was not permitting me to do this, I would not, but he may take whatever action he thought fit.

Later, some of the five judges whose names I gave were transferred to another HC.

But is transfer a solution? Such corrupt judges should be sacked, but this is not done to 'avoid defaming the judiciary'. I again ask: Does corruption by judges defame the judiciary, or does exposing such corruption defame it?

I have given only two instances of corruption in this post, but I can give several more.

(The writer is a a former Supreme Court judge who is now chairman of the Press Council of India)