Judge fires salvo at top judiciary

Bengaluru, Dec. 27: Questioning the moral authority of Chief Justice of India in the backdrop of the Justice Dinakaran controversy, a pro-active Karnataka High Court judge says the top-most judge is more like a “serpent” without fangs who can only hiss but not bite.

In one of the strongest attacks ever on the head of the country’s judiciary, Justice D.V. Shylendra Kumar, who raised eyebrows in taking the lead on the issue of assets disclosure by judges, fired a salvo again at on the efficacy of the “moral authority” the top judiciary in ensuring that erring judges fall in place.

“The concept that the Chief Justice of India, being the head of judiciary in the country, and therefore, can exercise his moral authority to ensure that erring judges fall in place and behave themselves, is a misnomer and misconception,” he said.

Justice Kumar made these remarks in an article on “Judicial Accountability” published in the souvenir of the Karnataka State Advocates Conference, being held in Hubli on Sunday. The article has also been posted on his blog.

“The mere moral authority of the Chief Justice of India, is of no value or significance, unless it can have some binding effect, which is not provided under the Constitution,” Justice Kumar wrote.

“The CJI, in so far as the relative position for such pu-rpose is concerned, is more like a serpent without fangs, who can only hiss, but not bite, which will be an open secret in no time and the serpent will not be feared by anyone, however menacing it may look, however loud it may hiss! Unfortunately, that is the reality.”