Bring the higher judiciary under Lokpal: Team Anna

Shanti Bhushan calls the Bill a "great fraud" on the nation

PTI | September 13, 2011



Charging the government with misleading the people on the issue of dealing with corruption in higher judiciary through the Judges Bill, Team Anna today reverted back to its original demand of brining the judiciary under the ambit of Lokpal.

Associates of activist Anna Hazare said in Delhi that they had withdrawn their demand for brining the higher judiciary under the ambit of the proposed Lokpal institution after they were assured that investigation into corruption and prosecution of senior judges will be dealt with separately by the Judicial Standards and Accountability Bill.

Lawyer Prashant Bhushan said while the Bill, introduced last year in Lok Sabha, does not deal with investigation into corruption and prosecution of supreme court and high court judges, they had hoped either the government or some retired judges would submit before the parliamentary standing committee scrutinising the Bill to recommend including the point.

"But unfortunately no one placed this view...the country was misled...We revert back to our original position that the judiciary must remain within the investigative ambit of the Lokpal," he said.

Former law minister Shanti Bhushan dubbed the Bill as a "great fraud" on the nation.

Members of Team Anna also questioned the report of the parliamentary standing committee on law and justice and personnel which scrutinised the Bill saying one of its recommendations has compromised the independence of the judiciary.

Prashant Bhushan claimed the proposed national judicial oversight committee authorised to initiate probe into allegations against senior judges has "brother judges" as its members and they would not be able to do justice by investigating against other judges.

He said the standing committee recommendation to include two MPs in the oversight committee would "compromise" the independence of the judiciary.

While the standing committee has ignored the conflict of interest, it has "compromised" the independence of the judiciary, he said.

Team Anna suggested the setting up of a five-member judicial conduct commission which is independent of the judiciary and the executive.

The panel's chairman be selected by all the judges of the supreme court, one member selected by all high court chief justices, one by the union cabinet, the fourth member by a committee consisting of the vice-president and the leaders of the opposition in both houses of parliament and a fifth member by a full bench of Lokpal.

Bhushan also took exception to the proposed "legislative gag" to be imposed on judges during court proceedings, saying it has no parallel in the world.

The report had said judges should refrain from making unwarranted comments against other constitutional/statutory bodies.

RTI activist Arvind Kejriwal, who was also present, said the civil society members plan to write to the prime minister to know about the government's intentions on the Bill.

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