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LATEST NEWS UPDATES | Judges can't shoot from lip: Govt

Judges can't shoot from lip: Govt

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published Published on Dec 13, 2011   modified Modified on Dec 13, 2011

-The Times of India

 

The government has endorsed a recommendation of Parliament's standing committee to restrain judges from making baseless comments against constitutional and statutory bodies and their functionaries even in cases which don't concern them directly.

The decision forms part of the Judicial Standards and Accountability Bill that is to be discussed by the Union Cabinet on Tuesday.

The government has also expanded the standing committee's recommendation that close relatives of judges should not practise in the same court to include even close social acquaintances.

The Judicial Standards and Accountability Bill is part of a bouquet of anti-graft legislations the Cabinet plans to discuss on Tuesday. Other bills include Public Interest Disclosure and Protection to Persons Making the Disclosure Bills, 2010, and the Grievances Redressal (Draft) Bill, popularly known as whistleblowers' protection bill and citizens' charter bill, respectively.

The note prepared for the Cabinet meeting says, "For a sitting judge to make unsubstantiated comment on persons holding constitutional office or statutory bodies, and not connected with the case, is unwarranted. It gives rise to controversies and affects the working of constitutional bodies against which comment has been made by any judge."

The government has also accepted a recommendation diluting punishment and fine for frivolous comments of corruption against judges to Rs 1 lakh and a year's rigorous imprisonment. The bill provided for a fine of Rs 5 lakh and five years imprisonment.

The government has accepted the suggestion that proceedings of the scrutiny panel, to be constituted under the proposed Judicial Standards and Accountability law, be held "in camera" so that the judge against whom the complaint has been made does not face "unwarranted defamation" in the initial stage of investigation.

To ensure that speculative stories about the inquiry panel are not done by the media, the government has accepted the recommendation that an official should be appointed to brief the media. However, the government has not accepted the recommendation that it should create a new machinery to scrutinize declaration of assets by judges.

The government said once the declaration of assets is made public and uploaded on the website. The government also did not agree with the parliamentary panel that one MP each from both Houses should find a place in bodies like the National Oversight Committee and Complaints Scrutiny Panel - which probes allegations of corruption against judges.

The Times of India, 13 December, 2011, http://timesofindia.indiatimes.com/india/Judges-cant-shoot-from-lip-Govt/articleshow/11087799.cms


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