July 24, 2007

Judicial "Independence" Indian Style

Here is an order from a High Court judge in India, Justice Uma Nath Singh of Punjab and Haryana High Court, the types who can only be removed by impeachment proceedings in both houses of the parliament.

At best, this is a judge gone wild that assumes the role of an accusation amplifier, investigator, jury and judge in a span of a few hours. At worst, an illiterate man who inhabits a blissful world untouched by carefully weighed-in legal language. Notice the underlined text (underlining added) reminiscent of the language used by banana republic dictators.

IndianExpress.com :: HC judge gets CBI to drag lawyer to Agra mental asylum
“It is also learnt from the Bar that the accused [note by your blogger: a high court lawyer Tahar Singh who was leading a campaign to discuss conduct of judges] creates nuisance and commotion wherever he goes with the help of some anti-social elements on the strength of some vested interests who finance him in doing so. In this background, to ensure the safety of life of the complainant [the lawyer's wife] and her children, I deem it expedient to direct the Superintendent of Police, Central Bureau of Investigation, Chandigarh to immediately take the accused in custody, and take him away from Chandigarh to admit him in the Mental Hospital, Agra, for proper treatment,” the order said.

Directing the CBI to take charge of the investigation, Justice Singh said: “The CBI shall use modern devices during investigation to find out the connections of Tahar with anti social elements and the vested interests who are misusing him during this spell of insanity.”

When contacted by The Indian Express, Tahar Singh’s wife, Sujata Sharma said: “I just made a complaint, I am shocked to learn that he has been arrested by the CBI. I never wrote any letter to any court. He is not at all insane.”

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