17 September, 2008

DOS & DON’TS:Code of conduct for lower court judges

Mumbai: District court judges and other subordinate judicial officers may have to watch what they do when high court judges and the Chief Justice of a high court come a-visiting.
Prompted by the embarrassing multi-crore provident fund scam that broke out in a UP court, the Chief Justice of India (CJI) sent out a 12-point ‘model code of conduct for subordinate judicial officers in connection with visits of Chief Justice and judges of the high court,’ with a request that all high courts adopt and enforce it.
The Bombay high court, in its full-house judges’ meeting recently adopted the unprecedented disciplinary code as it is.
As a result, among a dozen ‘donts’ no judicial officer shall now ‘‘receive, seeoff or visit a visiting Chief Justice or high court judges during court hours.’’ Significantly, the CJI has had to spell out that ‘no judicial officer or court servant will offer or provide any gift or hospitality to a HC judge or CJ.’ Also ‘No district court judge or magistrate will arrange any private trip, including excursions or visits to religious places for visiting HC judges or a CJ, nor will they arrange for any hotel,food or transport for such visiting HC judges, their staff or security personnel.’’
Just last week the UP police identified 34 sitting judges, including an SC judge, as among those allegedly involved in the embezzlement of provident funds of class IV employees of Ghaziabad court.
This development, just last week led Solicitor General Goolam Vahanvati and senior advocate Anil Dewan to cite falling standards and question the desirability of continuing the immunity judges enjoy from prosecution. A three judge SC bench hearing a plea on the issue observed that “the rot has set in” and that it was time to stem it wondering, however, whether the existing mechanism could still be effective.
With thanks from the Times of India
Source:- The Times of India 17-Sep-2008 Delhi P.17
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