The Indian debate
The Zee-TV Network raised the question of whether the Indian judiciary is a holy cow after successfully exposing a magistrate conniving with lawyers to sell arrest warrants. On 13 January 2004, its reporter and cameraman approached two advocates of Mehani Nagar Court, in Ahmedabad, Gujarat, and informed them that they were businessmen wanting to obtain arrest warrants against a few of their business rivals. They inquired whether they could manage this through the court. The lawyers accepted the challenge and demanded 40,000 rupees (US0) as their fee, and 5000 rupees (US0) for the magistrate. Just to check how bad the situation was, the reporter included the names of the President of India, Chief Justice of the Supreme Court, and former Chairman of the Bar Council on the list. Warrants were issued accordingly, after the magistrate got his money.
The story is now well known in India and has become an embarrassment not only to the judiciary but also to the government. India has long asserted that it has an independent and well-trained judiciary. Within India the claim has lost much of its credibility in recent decades. The Zee-TV expose has now laid bare the great myth for all to see. In the debate that followed, while there was unanimity that the lower judiciary is corrupt, some senior figures challenged the validity of making a distinction between the higher and lower judiciary when it comes to corruption.
The public debate on the judiciary had been prevented by various taboos existing in the Indian media, as well as the fear of possible contempt of court proceedings. However, after the Zee-TV revelations, many people — including past victims who have suffered due to warrants obtained in a similar manner — asked why they had been forced to remain silent about corruption in the judiciary.
Some others interviewed stated that after paying the magistrate for a warrant the matter could be completed by paying the police to organise an encounter killing at the time of arrest. Hence, from the issuing of a warrant to the extrajudicial killing, the entire business of having someone murdered could obtain a semblance of legitimacy. “Why is the judiciary treated as a holy cow?” the reporter asked his audience while showing footage of the lawyers negotiating the bribe, and the magistrate accepting his share and issuing the warrants.
Can this situation be changed? Indians know how bad it is, and it will be very difficult to convince them that a serious effort at reform can be made. It would take a massive attempt on the part of those trying to assert the independence of the judiciary in Indian politics, and those lawyers and sections of the judiciary who want to zealously safeguard their credibility, to make any good impression on the Indian mind. Those who profit from the present deplorable situation are many. Aside from the judges and lawyers collecting the bribes, they include the strong right-wing politicians who want to establish an authoritarian regime in India and therefore wish to debase the judiciary. They also include the businessmen who make profits from being able to manipulate judicial institutions through bribery. And they include the many criminal elements spread across all parts of Indian society, making it a nightmare for ordinary citizens struggling to continue their lives with a sense of security. Sadly, another group that can be added to this list is the so-called legal reformers who have organised themselves under those agitating for a new authoritarianism in the country, and who are lending their services to this end. The by now infamous Malimath Committee falls into this category. The recent introduction of a plea bargaining law, pursuant to recommendations made by this Committee, will increase judicial corruption a thousandfold, as witnessed in neighbouring countries that have in recent decades introduced similar measures.
The entire Indian justice system is now under severe threat. Where can justice be found in a society burdened with an incompetent and corrupt police force, an inept and selective prosecution system and a rotten judiciary? The lack of a credible system of justice is not a new situation for India, however. For thousands of years, people there subsisted under the draconian Law of Manu. Whatever progress was made since independence towards a judicial system based on democratic principles has now been almost completely lost. Perhaps the only hope for reform lies in independent organisations and the media. The example given by Zee-TV is tremendously encouraging. Such initiatives to boldly expose the crass corruption and injustice inherent in the system are desperately needed. The future lies with the willingness of those who love freedom to speak loudly, and act boldly.
