The Tribune, New Delhi, April 19, 2010, page 8
Inadequacies in the legal system
The Justice Dinakaran fiasco and the cash-at-judge’s door scam expose the stark inadequacies in the present legal system to bring the errant judges of the higher judiciary to justice. There is no legally binding mechanism to fix the accountability of a deviant judge other than the impeachment process which is highly technical, tardy and cumbersome.
The defiant attitude of Justice Dinkaran in turning a blind eye to the Supreme Court collegium’s advice to go on leave vindicates the redundancy of the much-hyped ‘Restatement of Values of Judicial Life (Code of Conduct) 1999’.
All stakeholders must realise that judicial accountability is an integral facet of judicial independence and precludes neither disciplinary surveillance nor civil or criminal liability for abuse of power, because no immunity of function can be absolute.
RAJENDER GOYAL, Bahadurgarh
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