JC, the only constitutional body authorized to take up and investigate corruption charges against judges, has said that one of its members, Moti Kaji Shrestha, has been investigating the charges. The JC comprises altogether five members. Shrestha has been mandated to submit his report at the JC after completing the investigation. [break]
“Seventy judges are under investigation by us,” admitted JC Secretary Jeevan Hari Adhikary, adding, “We will decide whether to make names public only after assessing the investigation report.”
Adhikary informed that out of 70 judges charged with corruption and misconduct, 60 percent belong to district courts while rest are from appellate courts. The JC is not investigating any Supreme Court (SC) justices at present as it didn´t receive any complaints against them.
JC Secretary Adhikary also divulged that they began investigations against the 70 judges on the basis of complaints they received from various sources. The complaints have been lodged by victims, plaintiffs and defendants, court officials, lawyers and others.
The judges have come under three charges. Firstly, they are charged with involvement in taking bribes while reaching court decisions and verdicts. Secondly, they are accused of inefficiency. And thirdly, they are charged with misconduct.
- JC uncovers investigation against appellate and district court judges
- 60% district and 40% appellate court judges under scanner
- 30% judges accused of bribery
- We will make public names of judges found guilty: CJ Sharma
Another high ranking JC source disclosed that out of the total number of judges under the scanner, 30 percent are found to be involved in misconduct and bribe-taking.
“Though our investigation is still underway, preliminary fact shows that 30 percent of them have failed to complete their duties impartially and effectively,” the source said.
Chief Justice Anup Raj Sharma also confirmed the JC´s ongoing investigation against such a huge of number of judges for anomalies.
“I have already asked JC officials to arrange a meeting to discuss the progress of the investigations against the judges,” Sharma, who is also JC chairman, said, adding, “We are pondering to hold the JC meeting next week and will decide whether to make public the names of those judges found to have been violating the norms and ethics of the judiciary while carrying out their responsibilities.”
Chief Justice Sharma claimed that he “will not leave any stone unturned” to curb irregularities in the judiciary and to render the judiciary´s image “clean.”
As per constitutional provisions and the JC Act, judges found guilty of corruption and misconduct face mainly three punishments.
The law says that convicted judges will be dismissed from their positions. Secondly, such judges will be suspended and the JC will file a charge sheet against them at the appellate court. And thirdly, the JC will alert the judges to abide by norms, ethics and legal provisions while conducting their respective duties.
There are previous instances of SC, appellate and district court judges being dismissed from their positions following the findings of such investigations.
Only a few years back, SC justices Krishna Kumar Barma and Bali Ram Kumar Singh were forced to resign from their posts after a probe panel convicted them of corruption while passing verdicts on an international drug peddler, Robinson. The international drug peddler was released by the SC following the verdicts by Barma and Singh. The peddler was give life imprisonment with property confiscation by the Special Court.
Similarly, some four appellate court judges and the same number of district court judges were also dismissed after being convicted of corruption and misconduct. Some of those dismissed from their posts appealed before the SC against the JC decision. Their appeals are under review at the SC.
Related story
JC recommends 35 judges for district courts and six judges for...
