Fires That Never Broke Out And Hidden Monies Never Unearthed

(MENAFN- The Arabian Post)

By K Raveendran

It would be an understatement that the discovery of a large stash of cash from the residence of Delhi High Court Justice Yashwant Varma has sent shockwaves. This unexpected incident has raised uncomfortable questions about corruption and integrity within the judiciary, often viewed as the guardian of justice and moral rectitude. While the discovery itself is scandalous, what looms even larger is the systemic rot it hints at-an entrenched and dangerous reality that has been ignored or glossed over for far too long. The hidden stockpiles of money that may never be unearthed, and the opaque corridors where justice is supposedly dispensed, point to a much deeper malaise. This incident is not just about one judge or one cache of ill-gotten wealth; it reflects the disturbing cracks in the very edifice of India's judicial system.

The immediate response from the Supreme Court following the revelation was characteristic of the institution's cautious and often non-committal approach to self-regulation. Initial reports hinted at decisive action, raising hopes that the apex court might finally take a firm stand against judicial corruption. However, as the day wore on, it became increasingly clear that the response would be more symbolic than substantive, falling in line with the judiciary's history of sidestepping inconvenient controversies. This reluctance to confront corruption head-on is part of a broader pattern. Allegations of misconduct, even when directed at those occupying the highest judicial positions, have often been met with denial, deflection, or silence. The fear of tarnishing the judiciary's reputation seems to override the urgent need for accountability and transparency.

Over the years, several prominent figures have called attention to corruption in the judiciary, but their warnings have largely fallen on deaf ears. From senior advocate Shanti Bhushan to his son Prashant Bhushan, courageous voices have sought to expose the dark underbelly of the judicial system. Their accusations, made before the highest judicial forums, have sparked outrage but have seldom led to meaningful reform. The judiciary's apparent unwillingness to clean its own house reflects an institutional inertia that threatens the very foundation of justice. By ignoring or suppressing allegations of corruption, the judiciary risks eroding public trust-a trust that is essential for the rule of law to function effectively.

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The case of Yashwant Varma is particularly troubling because it undermines the ideal of judicial impartiality. Every wad of cash found in his residence represents a potential miscarriage of justice-a case that may have been decided not on the merits of legal arguments but on the basis of hidden financial incentives. Such corruption distorts the judicial process, setting dangerous precedents that can haunt future generations of litigants. When judgments are influenced by bribery or personal gain, the entire legal system is compromised, and the principle of equality before the law is rendered meaningless.

The systemic fault lines in India's judiciary are not new, but they have become increasingly difficult to ignore. Delays in delivering judgments, opaque judicial appointments, lack of accountability, and allegations of corruption have all contributed to a growing sense of disillusionment with the legal system. The judiciary, which is supposed to be the last bastion of hope for those seeking justice, is now perceived by many as part of the problem rather than the solution. This perception is particularly damaging in a democracy, where the judiciary plays a crucial role in upholding constitutional values and protecting the rights of citizens.

One of the key challenges in addressing judicial corruption is the absence of effective mechanisms for accountability. Judges in India enjoy considerable autonomy, which is essential for maintaining their independence from political interference. However, this autonomy, expressed in terms of self-regulation, has also led to a lack of external oversight, creating a fertile ground for corruption to flourish. The in-house procedures for investigating complaints against judges are often opaque and inadequate, and there is a pervasive culture of secrecy that makes it difficult to hold errant judges accountable. Whistleblowers who attempt to expose judicial corruption often face retaliation, further discouraging transparency.

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The reluctance of the judiciary to confront corruption is compounded by the broader culture of impunity that pervades Indian public life. Corruption is not limited to the judiciary; it is a systemic problem that affects all branches of government. However, the judiciary's role as the guardian of the Constitution makes its complicity in corruption particularly egregious. When judges themselves are suspected of wrongdoing, it sends a message that no one is truly accountable and that the pursuit of justice is an exercise in futility. This cynicism undermines the legitimacy of the entire legal system and weakens the rule of law.

Reforming the judiciary will not be easy, but it is essential if India is to maintain its democratic credentials. One possible solution is the establishment of an independent body to investigate complaints against judges and ensure accountability. This body could be modelled on similar institutions in other countries, which have been successful in curbing judicial corruption while preserving judicial independence. Additionally, greater transparency in the judicial process, including the live-streaming of court proceedings and the publication of judges' assets, could help restore public confidence in the judiciary.

Another important step is to strengthen the legal framework for protecting whistleblowers who expose corruption in the judiciary. Whistleblowers play a crucial role in bringing wrongdoing to light, but they often face harassment and threats. Providing them with legal protections and support would encourage more people to come forward with information about judicial misconduct. (IPA Service )

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