Courts in India are lukewarm to
taking action against government authorities who file false affidavits which
results in miscarriage of justice and the common people particularly the poor
suffer the most.
Even the watchdog of public
exchequer the CAG does not lag behind on this score. Repeated false affidavits
have been filed on his behalf but he was never questioned by the Courts. The
CAG office pursues the management policy of Peter Drucker to manage “people”
tactfully. Another rule of thumb policy of its management is the time-tested stick
and carrot panacea i.e empanelment of lawyers & audit black-mailing. So most
of the institutions fall in line willy-nilly. Nevertheless the rare species of the
honest, incorruptible and moralistic elements do give them headache. It is
these elements who have saved the system from total collapse.
The apex court has held that a
judge should live like a hermit. But judges becoming members of elite clubs or
their kith and kin practicing in the same court or hired by government organizations
are not uncommon.
Therefore the need of the hour
is to completely insulate the system to render it transparent, accountable, fair
and without bias or prejudices. The foremost requirement is the evolution of a national
policy of recruitment of judges having highest order of integrity and moral
standards.
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