Markandey Katju, Undeserved Observation on Former Supreme Court judge, by a Judge in UK
Remarks by a judge in UK, who has little or no knowledge of the functioning or state of Indian judicial system cannot be taken at face value.
Judge Sam Gooze has dismissed as unreliable, the testimony of Ex Judge Katju stating that it had the “hall marks of an outspoken critic with his own personal agenda”.
District Judge Sam Gooze of Westminster Court, London, discarded the evidence of Markandey Katju, formerly judge in the Supreme Court of India and that of another former High Court judge Abhay Thipsay, in the Nirav Modi extradition case.
The Nirav Modi case, that is being fought in the English Courts, has political connotations in India and the remarks of the judge in UK has drawn attention of the great and the sundry
Reactions by politicians, lawyers, and judges have been varied, depending upon their political leanings, and of course personal dislikes.
This article is NOT about the shenanigans of Neerav Modi who has swindled hundreds of crores of public money, and should face the consequences. But about Judge Katju.
Katju A Frank and Fearless Judge
Apparently Judge Katju had remarked on the judicial system in India and its delays in the delivery of justice. Judge Katju as an insider and an observer was very much aware of its strength and weaknesses. He never covered up its weaknesses and as a proponent of healthy judicial system had always openly come out with his opinions and ideas of how the problems besetting the Indian judicial system could be remedied.
While the discarding of evidence of a witness in a trial is not unusual, the caustic comments on the two former judges of Indian judiciary, Judge Katju formerly a judge at the Supreme Court of India and Judge Abhay Thipsay formerly a judge of a High Court, needs further scrutiny and balanced assessment by those in the Indian judicial system.
Markandey Katju, Former judge of Supreme Court had definitely ruffled quite a few feathers in the highest realms of Indian Judiciary, by his frank and scathing remarks in public. [1]
Judge Katju as a man of high standards in personal life, expected the same from others in the judicial system. He did not mince words when he came across members of his tribe not measuring up to his rigorous standards.
He continued his running battles against corruption and delays in the justice system even after his retirement. He even advocated placing higher responsibility on the shoulders of lawyers by suggesting that the services of lawyers and advocates should come under the purview of the ‘Consumer Protection Act’.
His book ‘Whither Indian Judiciary’, is a must read for anyone who is keen to understand the innards and working on the Indian judicial systems.
This naturally lead many in the hallowed halls of judicial mansions, both lawyers and judges, to be apprehensive of his acerbic tongue and public pronouncements.
Judge Markandey Katju, while some may call him a maverick, he cannot be accused of looking for self promotion, when highlighting cases of corruption or exposing the drawbacks of Indian judiciary. It would be highly improper to taint his Campaign against the weaknesses of the Indian judiciary, as one born of personal agenda.
Error of Judge Gooze
Judge Goose is obviously ignorant of the working of the Indian judicial system and the reformist ideals of Judge Katju or else he would not have made such an erroneous comment.
Complete details of the statement of Katju in the court of Judge Gooze in UK are not in public domain as yet.
To emphasize,remarks by a judge in UK, who has little or no knowledge of the functioning or state of Indian judicial system should not be taken at face value.
There is a need to assess the import of Judge Katju’s statements before we in India, arrive at any conclusion.
[1] 50% of higher judiciary corrupt, says ex-SC judge Markandey Katju“.https://www.hindustantimes.com/