Desecrating
the holy temple of justice
The Holy Quran decrees that if you judge, judge with equity.
A fundamental belief among Muslims is that a corrupt judge has a special
hell in which he will burn in eternal fire. Even in the Buddhist scriptures
there is a passage where a corrupt and a partial judge was born as
a'Mala Perethaya'.
This column
had been protective of the judiciary, when the whole country was
crumbling with endemic corruption. The only glimmer of hope came
from the judges of our land. The majority of them withstood the
pressure from the executive and continued to uphold the law and
the rights of the people.
The poorest
of the poor in the villages accepted the decision of our courts
without a murmur. Those who felt that some judgments were wrong
had the belief that it will be overruled in the appellate courts
without much difficulty. They never entertained the thought that
it may have been due to other considerations other than questions
of law or fact that may have impelled the judge to misdirect himself.
Even if there was a mischievous goda perakadoruwa spreading a story
like that of the "how the Rabbit jumped over the pot of curd",
in folk lore.
It is said
that during the time of S.W.R.D. Bandaranaike the bribes to politicians
were mainly a few measures of rice and other basic commodities and
that teacher appointments were given to women at rest houses. What
some politicians under Sirima Bandaranaike's regime earned by corruption
for nearly seven years was not much. With the closed economy and
no foreign investments, tenders nor procurements to wage war against
the terrorist, the opportunity to make money was bleak.
With the Jayewardene
regime opening up the economy, bribery and corruption galloped to
new heights. It is said that what corrupt politicians tried to make
within five years took others 17 years. It is now said the main
reason for the impeachment of President Premadasa and the defeat
of the PA Government was that the opportunity of making money was
not diversified but concentrated in the hands of a few chosen people.
Those who were deprived of this opportunity rebelled.
Nothing seems
to be happening to cure the cancer of bribery and corruption that
has spread like the AIDS virus in some African countries where villages
are disappearing in a few months. Similarly honest men like U.B.
Wanninayake, M.D. Banda, Dudley Senanayke, Hector Kobbekaduwa, Lesley
Gunawardena to name a few are a forgotten breed.
It is not strange
that this cancer of corruption should spread to the judiciary. Chief
Justice Neville Samarakoon was one person who tried to eradicate
it on the home ground. He succeeded
to a very great
extent. Though his methods may not have been the most fair. His
conclusions that a particular magistrate was dishonest were correct
and never questioned by any one.
The litigants,
specially in the Magistrate's Court which deals with the police
before they come to court believe that a few green notes would settle
a dispute or prosecute the innocent. But the people of this country
believes that no one is impregnable. That money could do wonders
and that any saint will throw away his garb of honesty depending
on the consideration that is being offered.
Chandradasa
Nanayakkara always used to remark that "as much as I judge
you, every one seated in this court house is judging me." The
real judges are the people. They know which judge is partial or
who his favourite lawyer and police officer is.
The word spreads
around like wild fire. There is an eerie feeling that a few may
not be holding the scales evenly.
Partly, the
fault lies with the Judicial Service Commission. Let us say, the
lawyers' complain of a situation that is developing in a particular
court, where a judge's behaviour is unusual, that he has suddenly
taken a liking to a particular lawyer, the refrain of the commission
has been that the lawyers are against a particular judge as he is
tough with the lawyers and the lawyers are angry with the judge
as he is disposing cases and working hard.
Particularly
in a provincial bar where there is only one judge, he is the virtual
king and no one has so much power as a junior magistrate. Once the
present Chief Justice remarked that not even the Supreme Court has
so much of power as a Magistrate when it comes to remanding suspects.
There was a time when no action was taken on the complaints of lawyers,
especially when they complained as a group.
When the errant
judge knows of this attitude he makes the lives of the lawyers who
went on deputation miserable. The lawyers stopped complaining. Instead
would have to try to live like a Roman in Rome.
Recently lawyers
at a provincial bar complained about the manner in which a certain
judge was behaving or rather misbehaving. It was obvious that the
entire bar except one or two who were the blue eyed boys of the
judge signed the petition against the judge. A judge who openly
favours a lawyer to the detriment of the others, in my opinion is
as bad as a judge who resorts to bribery and corruption. A judge
who resorts to bribery will before long be found out. The people
will even report such a judge to the Bribery Commission or the Judicial
Service Commission. But a judge who on the pretext of making legal
orders perverts his orders to suit a particular lawyer is aiding
and abetting that particular lawyer to make money .
Some lawyers
of this provincial bar gave up their practice as they would be doing
untold injustice to their clients. What can a poor farmer do when
he does not know a judge is biased and hell bent in destroying that
particular lawyer's practice.
That lawyer
was one among 20 other lawyers who signed a petition against the
judge.
Recently another
senior lawyer revoked his proxy as he knew that as long as he appeared
before the judge his clients would suffer. The judge permitted this
lawyer to revoke his proxy but ordered the client to retain another
lawyer and gave him only one day.
It is alleged
that when the next lawyer moved for a date, prohibitive cost was
moved by the favourite lawyer of the judge. Then the judge was about
to grant the request, the lawyer though he was not prepared to conduct
the trial had to continue to the detriment of his client. The sad
situation is that this happened after they met the members of the
Judicial Service commission.
The lawyers
who came all the way from the provincial court commended the JSC
for having inquired into their complaint and are awaiting action
to arrest this situation which is now beyond any repair.
But the dossier
prepared by the lawyers in a metropolitan court about the sitting
magistrate was unbelievable. It was like a fairy tale.
But they claim
the material is supplemented with evidence. The JSC was flabbergasted
that they also had other material which coincided with the material
submitted by the bar. The JSC had no hesitation to immediately interdict
the judge.
It is important
that this situation should be nipped in the bud. As in the past
if this situation is permitted to grow it will spread like a cancer
and kill everything we stand for.
These complaints
are few and far between. Recently in another court 18 case records
were found under a carpet.
In this the
interpreter was a judge, and he decided which case to be thrown
under the carpet after the order. When a junior judge informed the
senior judge he took no action against the errant officer. Let us
support every one who strives to clean the court of corruption.
Otherwise the outcome of a case would be decided by a process other
than the law.
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