In the wake of ongoing agitation of lawyers against the alleged irregularities in selection of Session Judges recruitment from lawyer’s quota, another controversy has cropped up. While the present agitation is mostly directed against the Chief Justice Jagdish Bhalla, the latest buzz is about seven ‘Uncle Judges’ of the Rajasthan High Court.
According to information, there are seven judges with their kith and kin practising in the same court. Justice Dinesh Maheshwari’s son Muktesh Maheswari , Justice Vineet Kothari’s son Vinay Kothari , Daughter of Justice Gopal Krishna Vyas are practising as lawyers in the same Rajasthan High Court at Jodhpur Bench where all the three are sitting judges.
In the Bench of Rajasthan high Court at capital city of Jaipur, Justice N K Jain’s son Nitin Jain , Justice SP Pathak’s son Sandeep Pathak and daughter Sonia are practicing as lawyers whereas Deepak Asopa is son of Justice PS Aasopa and he is also practising in same court. RS Rathore is judge in Rajasthan high court and his sister Gaytri Rathore is also practising there. This is the against of the concept of fair justice, Justice should not only be done but should appeared and Past history prove the blatant misuse of the relations said Advocate AK Jain.
Such a situation also runs counter to the rule 6 of the Bar Council of India Rules which restricts such a practice. This is not the first time there have been reports of ‘Uncle Judges’. In 2003, Bar Council of India forwarded a list of 18 Delhi High Court, 5 Bombay High Court and 7 Rajasthan High Court Judges, whose kith and kin were practicing before the respective High Courts. Last year The Law Commission of India has asked the Union Law and Justice Ministry to ensure that “uncle-judges” syndrome is eliminated by not posting any judges in a High Court where their kin are practising.
In its 230th report submitted to the Law Ministry the Commission has also sought transparency in the system of appointment of judges. The Commission, headed by former Supreme Court Judge A R Lakshmanan, has said, “The post of judge of an HC has importance under our Constitution and the incumbent is supposed to be not only fair, impartial and independent but also intelligent and diligent.” Pointing out that government officers — Class II and upwards — are not given posting in their home district except in some special circumstances, the Commission has said similarly judges should not be posted in the same HC where they have practised. “This will eliminate ‘uncle-judges’,” the report says.
मध्य प्रदेश में ‘अंकल जजों’ का हाल जानने के लिए क्लिक करें- मध्य प्रदेश में अंकल जजों को लेकर महाभारत
MUDIT MATHUR
September 14, 2010 at 5:02 pm
Black sheep in judiciary is not only posing grave threat in dispensation of justice to a common man but also eroding his confidence in the system. I feel judiciary itself is creator of this ugly situation as they appoint themselves. As in the case of journalist’s freedom of expression self regulatory machinery was essential to protect independence of judiciary. Therefore it is pious duty of judges to keep intact the confidence of the people of India by selecting honest people of utmost integrity to the bench. Weeding out black sheep is the duty of Supreme Court collegium and we must trust their collective wisdom. One point I would certainly like to make that at the time of elevation of a person, he should not be elevated in the State where he was practicing as a lawyer
sadhna garg
September 15, 2010 at 1:07 pm
The judiciary should really clean up its backyard, there are no hopeless situations—and people as yet are not hopeless—so the media should do its bit and show them the way!
Ankita
September 15, 2010 at 7:27 pm
This is the situation for the Indian Politics as well!! We will write and it would be read but no solutions would come out of it…I wish I was born somewhere in simpler times where life was simple and smooth.
written by poonam purohit
September 17, 2010 at 12:33 pm
I am so sorry to read that our media which is to update people by the facts, their own facts aren’t complete. i am so sorry and shocked that media is the one behind false beings. as the fact written above is not 100% correct and i request the writers to append it. as this statement is not ture that Justice Gopal Krishan Vyas’s daughter is a practising lawyer as she is still student of LLB and yet not registered with any bar council of India. Therefore please do the mentioned correction. I think media should atleast be true to the public and if not if the public atleast to their own heart-n-soul.
poonam chand bhandari, Advocate
September 18, 2010 at 4:56 pm
In fact, the judges whose kin and kith are practicing himself should ask that they be transferred to other High Court. The case work of the kin and kith will show the result, the moment uncle judges are transferred, the case work of the kin and kith will come down.
vikas
September 20, 2010 at 4:33 pm
you people have forgotten to add the name of Aditya Sharma Advocate son of Justice Mahesh Chand Sharma, who is also practicing in same High Court.
vikas
September 21, 2010 at 3:23 pm
there are not seven but infact there are ten uncle judges, the following persons namely Ujjawal Bhandari Advocate son of Hon’ble Justice M. N. Bhandari and Sandeep Bhagwati brother of Hon’ble Justice Mahesh Bhagwati…are also practising in same High Court.
Jat Bandhu
September 25, 2010 at 2:16 pm
Let me please add these factuals to the above reporting, about judges of rajasthan highcourt whose children or relatives are practicing there.
Advocate Lokis Mathur and Advocate Sanjay Mathur, nephews of Justice Govind Mathur?
Advocate Amrit Tatia son of Justice P C Tatia. Advocate Bissa son in law of Justice Vyas. Advocate Anjana Kothari newphew of Justice Vineet Kothari. Advocate Mahsh Thanvi son of Justice DN Thanvi.
jat bandhu
October 13, 2010 at 2:20 am
jo bhi jat bandhu advocates ke naam kharab kar rahe hai …. aise comment de rahe ki judges ke bache n relatives …..high court mein practice kar rahe hai …means un logo ke pass practice mein work nahi hai…n nikkame hone ke karan frustration ho gaya hai or jato ka naam kharab kar rahe hai ….. veer teja ji unko sadbudhi de….
Amitabha Gupta
November 7, 2010 at 2:22 pm
I am in complete agreement with the view of Mr.MUDIT MATHUR.
unknown
November 19, 2010 at 6:34 pm
Let read all the comments and also the news once again. I thing by way of saying “uncle judges” what a person want to say. whether they are raising any dispute about the honesty of thoses judges. Every adovcate who fails is having a remedy for the same, in what manner a person or adovcate blame over a honest person. An advocate is only blaming because every judges who is doing justice in the same town knows all the nature of adovcates that who is FARJI or who is honesty Advocate. otherwise I don’t think that any judge of HC is doing injustice with the people. Every one blaming other to save his own negative points and here also the same. I do not find any merits on the comments. work of Advocate is only to assist the court and not to blame the court itself. Advocate should perform their duties, nobody came with a plea and ideas that how to dispose the pending litigation. only ” nahi bak pade to unke tang khich lo” can any body think that they sit from 10.30 am to 1.15pm and again 2.00pm to 4.45pm continously without any break, Please a free advice from me that advocate should constrate how to improve their own advocay rather blaming any body else. GOD ALWAYS HELP U, If a person is wrong he always suffer for the same. do no worry and do not take the matter which should be decided by GOD. Try to decide our own matter which was assigned by the GOD.
rajasthan awaz
September 12, 2014 at 4:17 pm
In case of Justice Govind Mathur it is not his nephews who are ecploting
But his juniors Dr Pusphpender Sinfh Bhati kuldeep mathur (not related)
Sandeep shah sanjeet purogit baljindet singh sandhu who are at fault. They are even misguiding judge on strike issue.