Courts misusing power of contempt: Prashant Bhushan

NAGPUR: Senior lawyer Prashant Bhushan on Saturday advocated the need for an independent body free of judicial and executive interference since the existing system to probe misconduct by judges or politicians have proved to be ineffective. The legal activist also suggested that charges of bribery or misconduct against judges need to debated in public without the fear of contempt.
“Even in an open and shut cases, the CJI has never given permission to file an FIR against judges. Such cases are also not discussed publicly because of fear of contempt. It becomes difficult for media and public to debate misconduct by judges. The high courts and Supreme Court are abusing and misusing their power of contempt,” he said.

Power of contempt needs to be circumscribed. It is the most bogus basis if a debate takes place on allegation against judiciary, he added.

Bhushan made the remarks during his lecture on ‘Judicial accountability and judicial reforms’ organized by Ambedkar Law College DeekshaBhoomi.

He said a new system need to be developed where ordinary people can defend themselves without lawyers. “80% of people don’t have the money to pay to lawyers,” he said.

He proposed that a judicial civil service can help overcome the problem of pendency and help speedy delivery of justice.

Bhushan pointed out how the present system of checks and balances has failed to achieve its desired goal.

“Governments have been reluctant to act against judges while the judiciary has remained unaccountable as investigating agencies need the permission of the chief justice of India to initiate action. The judiciary feels if action is taken action judges it will ruin its image,” he said.

“It suits the government to have such judiciary so that cases against them and the politicians remaining pending,” he said.

Bhushan added that judges have developed vested interests in keeping the judiciary dysfunctional because arbitration has become a business.

On judicial transparency, he said, ‘The SC judgements had forced government to formulate RTI Act. There is judicial backtracking when this law applies to judiciary. The SC is champion of the cause when information is sought about others but stonewall queries about it. We need a robust, effectively functioning and independent of government judiciary.”

Bhushan called on the youth to build pressure on government to constitute such a body that will have powers to probe judges.