In this episode of Editorial, HW News Managing Editor Sujit Nair opines on the allegations of misusing power against Rajasthan HC's Acting Chief Justice SP Sharma by Supreme Court's Justice Sandeep Mehta.
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[00:00:00] I am tired of being treated like a second-rate citizen in my own country. Because if I am a judge, then I am treated differently. Justice is different for me. All that justice book and all is different for me. I am not treated like a normal Indian. Why am I constantly made to feel that I am below a judge? Why am I constantly made to feel that the loss for judge is different to the loss that applies to me? Why am I constantly made to feel that?
[00:00:24] How long is this class difference between the judge and the judiciary and the common people? How long is this going to be stretched? Namaskar. Welcome to another episode of Editorial. So, very interesting story today. The story is courtesy Bar & Bench. They published this story yesterday. And like I said, very interesting story.
[00:00:54] So, there is this Justice Sandeep Mehta. Sandeep Mehta is Judge Supreme Court. He writes a complaint against the Acting Chief Justice of Rajasthan High Court SP Sharma. Now, the complaint let me read out. Since these are legal stuff, I better read out. I don't have the money nor the wherewithal to fight cases.
[00:01:21] So, the complaint was as follows. Justice Mehta accused Justice Sharma of manipulating case listings in the favor of rich litigants and misusing his administrative powers ahead of his retirement due later next month. Very serious allegation. Very serious allegation. Judge Justice Mehta said that Justice Sharma uses his power to help the rich.
[00:01:51] Now, in his August 2 letter, Justice Mehta referred to complaints allegedly made by judges of the Rajasthan High Court about Justice Sharma's conduct. He also alleged that Justice Sharma had threatened fellow judges at the High Court with transfers by claiming proximity to the Chief Justice of India. Another very important point.
[00:02:15] Another very important point. Please note, he allegedly, according to Justice Mehta, allegedly did favors for the rich. And he, if other fellow judges questioned, he said, listen, I will get you transferred because I know Chief Justice of India very well. I have got proximity to Chief Justice of India.
[00:02:37] The letter cited two-division branch order of Rajasthan High Court in a batch of appeals over what Justice Mehta called priceless land in the city of Udaipur. The cases were listed before Justice Sharma's own bench at the Jaipur seat, despite an earlier judgment by Justice Sharma himself holding that such principal matters of Jodhpur seats should not be moved there.
[00:03:05] Another letter of August 17th alleged that a sitting Rajasthan High Court judge, Justice Uma Shankar Vyas complained to fellow judges of vindictive conduct by Justice Sharma towards his wife, a senior district judicial officer. So everything that could go wrong is going wrong with this judge. This judge is accused of favoring the rich.
[00:03:29] This judge is accused of saying, if you ever complain about me or if you question me, I am very close to the Chief Justice of India. I will complain to the Chief Justice of India. This justice is also allegedly vindictive. Vindictive because he had an axe to grind with a fellow judge and he started troubling his wife. Now, these are allegations that were made.
[00:03:55] This allegation was made, obviously, it was taken to the Chief Justice's table. The Chief Justice of India reacted. The Chief Justice of India reacted. And the Chief Justice of India said that in a press statement issued on Wednesday evening, Wednesday evening, mind you, that is yesterday evening, The Chief Justice of India said that allegation against a sitting judge has to go through the established institutional process
[00:04:22] and a decision can only be taken after giving Justice Sharma an opportunity to respond to the allegation. The press statement was issued by Chief Justice of India after Bar and Bench reported on the three letters written by Justice Mehta to the Chief Justice of India. Seeking the transfer of Justice Sharma from Rajasthan over allegations including manipulation, case listing and misuse of office. TK.
[00:04:51] Now, let us come to the analysis of all of this. You see, the point is like this. There is an allegation. Allegation about whom? Allegation about a person who can actually decide life and death for another person. Chief Justice of Rajasthan High Court can hang a person to death if he feels so, if he wants so, if he feels that that is what the law is. He can do that. He can exonerate a person. He can penalize a person. He can convict a person.
[00:05:19] So, a person who has got this kind of power, somebody comes and that too, not an ordinary person. It is his own colleagues. And a judge from Supreme Court goes and complains saying that, listen, this man allegedly is misusing his powers, helping the rich. Allegedly threatening other judges saying that I have got proximity to the Chief Justice of India. Allegedly harassing other judges. All of this.
[00:05:47] And the Chief Justice says, you know, it has to follow. We have to follow the procedures, Baba. We have to follow the procedures. Okay. We have to give him also a chance to talk. Which is fair. I am not denying that. But what I am actually saying is, I am kind of tired. I am tired. I am tired of being treated like a second rate citizen in my own country. Because if I am a judge, then I am treated differently. Justice is different for me. All that justice book and all is different for me.
[00:06:17] I am not treated like a normal Indian. Somebody's crores and crores of rupees were burning in somebody's house. That money was identified because that money burned. The money was burning in his house and still no punitive action taken against him. No punitive action. He has resigned. That's a different issue. But is he behind bars? Is there an active investigation going on? I don't know about it. I don't know about it.
[00:06:45] And everybody is kind of okay with that. Why? Because he is a judge. When I go in front of a judge, my lord, this is the way I have to address a judge. When a judge does something wrong, oh, it has to wait. It has to go through proper procedures. There are people languishing in the jail for last 15 years, 12 years, 11 years. Languishing in the jail. There, the procedure, it's okay. There is no procedure. That's fine. Why is there a difference?
[00:07:14] Why is there a difference? And then you have judges who gives furlong after furlong to rapists. How do I know that this is not just all about politics? It's also about what the judge gets in return. How do I know? If somebody writes that there is corruption in the judicial system, then the judge says, stop. That chapter has to be thrown out of the window. You can't put that in your textbooks. Children can't learn the reality.
[00:07:42] Children can't learn the reality. If we talk about it, it is contempt of court. How fair is this? How long is this class difference between the judge and the judiciary and the common people? How long is this going to be stretched? Judge, being a judge is a job. Like being a commentator is a job. Like being an advertising professional is a job. Like being a policeman is a job. Like being a vendor is a job. Judge is a job.
[00:08:11] There is no great job and no less job. And I tell you, there is legally also, I don't think there is any way where there is a greater than normal human being job and the lesser than normal human being job. There is nothing of that sort. Judge is doing his job. I am doing mine. Why am I constantly made to feel that I am below a judge? Why am I constantly made to feel that the loss for judge is different to the loss that applies to me? Why am I constantly made to feel that? Why am I constantly made to feel that a judge can get away with anything?
[00:08:42] Crores of rupees burning. Imagine that would have happened in your house. Do you know what would have happened in your house? Can you even imagine what would have happened in your house? You are normally, you get notices and you are penalized for crimes you didn't even do. Just because you are a common man. And here, I mean this is absolutely ridiculous. Like I told you before, a judge loses his dog.
[00:09:10] He writes to the joint CP of Metro like Delhi saying that go, where is my dog? And that same judge when somebody goes desperately and says my daughter is missing. Police is not taking an F.I.R.? You know, you get your dates when he is free. This is the question I asked tonight. The story is indeed very sad. If such allegations are there, shouldn't the court be reacting saying that listen,
[00:09:39] I am going to put up an investigation other than saying that, court just saying that it is not just about, you know, talking in front of the media, you know, the other person, the accused has to be given chance and all that to respond. All that is fine. All that is fine. But mind you, the reason I say that all that is fine. It is fair also. Let me also underline that it is fair. But the fact remains that justice is not just done. Justice should be seen as it is done. And with the way things are currently, I don't think justice is seen as it is done,
[00:10:09] especially when it deals with the judiciary. With outsiders, common man, of course. But when it comes to the judiciary, it is not seen as done. That's my complaint. That's what I feel. That's what I want to talk about. And that's the point I want to make today. Till I see you next time. That's tomorrow at 10. Namaskar.