A petition seeking initiation of contempt of court proceedings against West Bengal Chief Minister Mamata Banerjee for her alleged comments that judgments these days are purchased was filed in the Supreme Court on Thursday by J&K Panthers Party founder Bhim Singh.
Professor Bhim Singh, a senior advocate, alleged in his petition that Ms. Banerjee’s comments had the inevitable effect of “undermining” the confidence of the public in the judiciary, as “it tends to lower the integrity, reputation, and authority of the judicial system.”
He sought a direction to the Union government to produce the entire record relating to her speech and utterances, said to be made on August 14 at the platinum jubilee celebrations of the State legislature.
The petitioner, quoting Article 129 of the Constitution, said “the Chief Minister’s comments ‘amount to scandalising, and have lowered the authority of the judiciary as a whole’.” He said that as Ms. Banerjee was a popular Chief Minister, people tend to take her words seriously.
The petitioner annexed copies of newspaper clippings in support of the charge.
Keywords: contempt of court, Mamata remarks, Supreme Court, Mamata Banerjee judiciary comments, Trinamool Congress
"Moved" as in "shaken but not stirred"? Seriously, with one successful
impeachment, one failed impeachment (Congress boycotted Parliament),
one Chief Justice transferred from Karnataka to Sikkim because lawyers
refused to appear before him (investigation in limbo), a former CJI
under an investigation in limbo, one CBI Judge in Jail (Cash for
Bail), can Mamata's statement within the privileges of the W.Bengal
Assembly be faulted? Isn't it the judiciary who are bringing the
judiciary into disrepute? All of India is a cavalcade of "gallows
humour". A failed State where all that remains is the label and the
wreath.
Mamata Banerjee time and again seems to be asking the people as to what they can really do if she behaves in a really crass and uncivilized manner -- and she is enjoying throwing mud at everybody from students to professors to media to farmers to judiciary. Hope she is taught a tight lesson ASAP. I think the worst part was her reaction to the victims of rape.
In a similiar case, the SUPREME COURT In 1970 AIR 2015( EMS NAmbudiripad verses
Narayanan Nambyar ) held against the reptuted Marxian leader and former CM of Kerala.
The punishment of a fine of Rs 1000 imposed by the Kerala high Court was reduced by
the Supreme Court to Rs 50. The then CM said that the judiciary was favoring the rich
against the poor and he also referred to class hatred by the Judiciary. In the present case,
The CM of West Bengal has said that in many cases, the judiciary has been purchased.
Political leaders and Citizens in general are expected to respect the three important wings
in our Constitutional framework, the legislatures, the executive and the judiciary..the
present CM of west Bengal has really crossed the Lakshman Reka in her utterances, and
She should realize the mistake and act properly, to enhance her own image and command
Respect by mature actions from time to time.
Even the Congress General Secretary Rahul Gandhi had said that Judiciary
in the country was too slow and has to be improved. That too to a crowd
involving only students.
Is this not something against Judiciary. Why there are different scales
for different people.
Good one!! She should be given the taste of her own medicine.
Like, when anyone speaks against her, he/she is immediately arrested, she also should be arrested.
If she is not giving the liberty to speak to anybody, she also don't have any moral or constitutional right to speak against judiciary.
what Mamata said was 100% Right....Truth is Bitter
Unless Mamta offers unquestionable apology,instead of blaming Media,
supreme court once takes serious note, she may not be able continue as WB chief.whatever she uttered on Judiciary has to be taken back
and an open apology will be only solution for her survival.IF she realised the situtation and do the needful,it is good at the earliest.
and Politicians in power has to be careful in their remark on any
matter like Judiciary.and this is the first lesson for the lady now.
The respect and faith the citizen had in the judges and the judiciary is today badly shaken. Nothing is more detrimental to democratic functioning than this loss of faith. Multiplying legislations can lead us nowhere. The moral stature of our law-makers,lawyers,and justice delivery system stands diminished by corruption and loss of values.
I don't understand what wrong she said here. Mr Bhim Singh looks like over concerned about “undermining” the confidence of the public in the judiciary. How many petition he filed in his life when a judge being caught on taking bribes ? Did not he felt, that incident is more serious to undermine the confidence of the public in the judiciary ?
Where was he when we saw in TV, our MPS taking money for votes in Parliament ? All Rubissh, he is just playing as a stage player & making Mamata Banerjee more popular than ever. I support he what she said. Its unfortunate but true.
I agree with Prof Bhim Singh; at the same time let the Advocates, Bar Councils, Lower and higher judiciary search their souls and affirm they have or their colleagues have done no wrong in the matter of getting even adjournments and influencing the judgements. Let them not pretend virtuous. At the same time the Bengal Chief Minister that in future her govt cannot take recourse to the Courts on any matter. Okay ?
West Bengal Chief Minister Mamata Banerjee has rightly termed that
section of judiciary is corrupt. Many high level corruption in
judiciary has been reported. Corruption at lower levels has been
totally ignored as of no consequence. No work can be got done in the
offices of judiciary without greasing the palm of clerical staff.
Corruption in judicial offices has taken such a bad turn that the
litigant public have compromised to the prevailing situation there.
Lawyers who are supposed to oppose corruption themselves take the
litigant public to the table of officials and give prescription of the
amount to be paid to each of the clerks concerned. And for rendering
this ‘service’, the junior lawyers working under senior lawyers take
at least Rs. 100 or Rs. 200 from the clients. Clients pay the amount
to the clerks and the lawyers meekly for the fear that the lawyers
engaged by the clients may weaken the case deliberately if they refuse
to pay their ‘dues’.
Let the court go in to the roots of the system before taking any action against Mamata. If a judge takes money for giving bail is corrupt then if judges under "not before me" clause, though it is not legally bounding, serving the vested interests is it not more corrupt? Is it not so. This corrupt practice is in existence in Supreme Court as well in AP High Court. This way most corrupt are escaping from the clutches of the law with the tacit support from the unethical judges. Does it comes under corrupt practice or not? See such judgments!!! Same way, if a judge takes bribe he is said "corrupt" and prosecuted. But, if CBI hobnobs with other side party to create charge sheets as per their dictates then they are not corrupt but when their call data were collected then it is illegal!!! We are in India.
What is wrong in Mamata Banarjee saying that. I may have strong reservations for Mamta Banarjee's recent acts and statements but I applaud her this statement on pointing finger at judiciary. Supreme Court can not act like a dictator and shut up people's voice by virtue of the power they get from the constitution. They must introspect over their conduct and try to be honest, transparent and accountable to a democratic society. No one should be above the public scrutiny including the judges in any democratic society.
as a responsible citizen MamathaBanerji can tell what is happening in
our judicature of the country . so many judicial officers were
cought and put behind the bars for bibery, etc . the recent incident
in AP HIGH COURT is the best example , one retired judge , and one
or two servicing judge are all in now in chanchalguda jail on
bribery case . the common people are all watching these pitiable
situations going on our judiciary. what Mamta says only a common mans
views only , BUT as a chief Minister of a state , is not a common
man or a person .she is the head of the legislature , which is
equally powerful as that of judiciary since it is an another pillar
of democracy. The same words can utter by judiciary against
legislature also ,and against the entire politicians and political
system . such a war is not unmissable and it will become a serious
threat to our democracy and danger signal to the very existence of
the nation , that is what now we are seeing in pakistan
Judges are also humans like our politicians - good and bad we do find;
remember they are CHOSEN by corrupt and power hungry folks in power -
not by any other means of integrity or legal acumen alone - true some
can be bribed and we have seen news of their arrest in news ! But for
a CM to make that remark is indecent - is she TOTALLY honest; can
prove? Why did she remove Rly minister after budget was presented and
show her authority ? Could have briefed him before on what to do as
per their party principles; Mamta thinks TOO much of herself and needs
to be put on her legs to understand reality ! Govt officials are all
known to succumb to bribes, WHY not introduce system of time limit for
all public applicants like Driving licence, Bldg permit etc; Even
death certificate takes long time for issue; sad state of affairs eh!
Why Mr. Bhim is so concerned about the Ms. Banerjees' comments and
its aftermath rather than representing the judiciary's image in such
way that it would be automatically sacrosanct for people of India.
Even though a lots of past incidents compel the people of being skeptic but everyone cannot be painted with the same color.
You cannot shut all the mouths by Laws and Acts. Why do you bother if you are doing your duties true to your heart. If you are right, you may feel that Mamtha Banerjee had commented on somebody else's action. If you are going to take action against any comments, that means you did something wrong!
Mamata Bannerjee is leader that CPM should have had, but never did. It does not mean she is always right, but her background is closer to the deprived section of the society, when we look at the elitist leadres of CPM. There is corruption in judiciary, and common people know it. Even SC knows it and has commented upon it in reference to some State High Courts. If the true leaders of the masses do not speak about it, who will?
I am afraid that there is a bit of truth in what Mamta Banerjee has said after cases of bribery of some High court judges have come to the light in the recent past. She may not have made a "politically correct" statement in a country where Judiciary is held in high regards and talking anything against the judges is considered an act of blasphemy. If this is true that she should have exercised caution in stereotyping the entire institution of judiciary, then it is equally true that there is an urgent need for judicial reforms.
It is not surprising that popularity among the public is the prime
factor to bring a political party or leader to the ruling benches in
electoral houses.However, nothing authorizes such a leader, much
less a Chief Minister who takes oath in the name of the
Constitution,to undermine the dignity and honor of the Judiciary
which happens to be the Saviour of citizen's fundamental rights and
the sole constitutionally empowered State-organ that can examine the
legality or constitutionality of a State law or governmental
action.If Mamta has a grudge against rising instances of judicial
corruption, she as a Chief Minister should take concrete steps to
curb the malady in her State instead of verbally black-painting the
entire judiciary contrary to the letter and spirit of the
Constitution.
"Rein the tongue if nothing else:Or slips of tongue bring all the woes".
(Sage Tiruvalluvar in Tirukkural)
No one is needed to spoil her image as she is spoiling by herself
When General Singh made some clean and frank observation on the status of the Army he presided over, most welcomed it.
May be if the "Mamata remarks" were to emanate from an officiating or ex-judicial functionary,the noice would have been subdued.
I would merely record here that "Judiciary" seems to connote to the high stung Media and some others, the state and central apex courts.Every one is proud of the independance and the high standards of our apex courts and may be of most session courts.I don't want to state the obvious-I am at a loss to understand why there is this "3 monkey" attitude on comments on judiciary.
What now? A fight between judiciary and legislature? as if these so
called estates of the country does not have any better work to do. The
entire country knows how best the judges are and how best the political
leaders are. How can there be a blame game when none of them are true to
heart.
Good petition.. but it failed here .. "Ms. Mamata being a popular Chief
Minister the people tend to take her words seriously"
Mamata Banerjee has said only what is happening around here. I don't understand the law clearly. Isn't she not allowed by law to bring to public notice about what's happening.
They don't have the right to say. In A.P. more than three judges are imprisoned for bribery.
Please Email the Editor