‘FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’
( FITALP )
(Established: 28th
Day of September, 2...
Transparency,Respectability and Impartiality. The copy of the aforesaid ‘Code of Conduct
of 1999’ is enclosed for ready re...
Encls : As above
(AJAY PRATAP SHARMA)
Copy forwarded to :
1. All Hon’ble Judges of the Supreme Court of India.
2. Secretar...
FITALP-26082014- CJI-Code of Conduct for Judges-Transparency & Accountability in Legal Profession
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FITALP-26082014- CJI-Code of Conduct for Judges-Transparency & Accountability in Legal Profession

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FITALP-26082014- CJI-Code of Conduct for Judges-Transparency & Accountability in Legal Profession

  1. 1. ‘FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’ ( FITALP ) (Established: 28th Day of September, 2009) Supreme Court of India Premises, Tilak Marg, New Delhi-110001 (India) MOST URGENT Ajay Pratap Sharma 013, Satya Marg Advocate, Supreme Court of India ChanakyaPuri, President, FITALP New Delhi-110021 Life Member : Bar Association of India Senior Member : Delhi High Court Bar Association Member : Indian Society of International Law Member : Supreme Court Bar Association No. FITALP / 1 August 26, 2014 Hon’ble Mr. Justice RM Lodha, Chief Justice of India (Administrative Jurisdiction) Supreme Court of India New Delhi Strict Enforcement of - “ RESTATEMENT OF VALUES OF JUDICIAL LIFE (CODE OF CONDUCT) ADOPTED IN THE CHIEF JUSTICES’ CONFERENCE IN DECEMBER 1999 “ 1. The Forum ‘ FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’, which was established on 28.9.2009, stands for Integrity, Transparency and Accountability in Legal Profession – which includes the Bench & the Bar both and to fulfill its Aims & Objects, the Forum (‘FITALP‘ ) is persistently approaching the Hon’ble CJI & other Hon’ble Judges of the Supreme Court through its letters, indicating important issues which require Immediate attention and action. 2. That, in the Chief Justices Conference held in the Hon’ble Supreme Court of India in 1999, the Resolution “ RESTATEMENT OF VALUES OF JUDICIAL LIFE (CODE OF CONDUCT) ADOPTED IN THE CHIEF JUSTICES’ CONFERENCE IN DECEMBER 1999 ” was adopted with the Object to “..serve as a guide to be Observed by Judges, essential for an independent, strong and respected Judiciary, indispensible in the impartial administration of justice..”. The Forum, through its letter dated 6th. December, 2010, brought the said Resolution of 1999 in the Notice of Hon’ble CJI & other Hon’ble Judges of the Supreme Court of India for appreciation and Implementation as it would bring Transparency, Respectability and Impartiality in the eyes of the ‘ Common Man- WE, The People of India’. Para 1 to 16 of the said ‘CODE OF CONDUCT of 1999’, are Binding but, the same are Not being accepted and followed Rigidly and the Forum feels that it may be the reason that the ‘Common Man- WE, The People of India’ feels that there is lack of FITALPFITALP
  2. 2. Transparency,Respectability and Impartiality. The copy of the aforesaid ‘Code of Conduct of 1999’ is enclosed for ready reference. 3. That, In this regard, extracts from Forum’s Circular dated 11.11.2009 - which are relevent, are reproduced below for information and Appreciation: “ The ‘Emblem of Blind folded Lady’ indicates, in Unequivocal terms, that Judiciary is to be Impartial & Blind. Whenever, it is seen that, the Hon’ble Judges or the Presiding Officers are Freely attending Private Functions of a Group of Advocates, who are Economically Very Well- Off or who are controlling the Bar Association and on the other hand, they have No Time to accept the request of Junior or Not so- Economically well Off Advocates, this gives a Very Shocking Impression and rather demoralization to Common Poor Litigants and other Advocates. The Common Men are - ‘WE, THE PEOPLE OF INDIA.’ and therefore, Constitutionally their Rightful Feelings cannot be ignored by the ‘Public Servants’. There are certain Compulsions and Judicial Traditions of maintaining Aloofness- which is the Golden Principle to Display Impartiality and Inspire Confidence amongst the Bar and the Litigants. It requires Immediate consideration by the Hon’ble CJI and Hon’ble Judges of Supreme Court of India and their Decision will have Impact on whole Judicial System of the Country.” 4. The Forum- while discharging its responsibility to bring Integrity, Transparency and Accountability in the Legal Profession, sent their letter dated 25.1.2011 addressed to Hon’ble Mr. Justice SH Kapadia, CJI when the Hon’ble CJI allowed issuance of Invitation cards for High Tea from his side and in his name in the capacity of President of a Society constituted by Mr. PH Parekh, senior Advocate, of which Mr. PH Parekh was Secretary General and which operates from Mr. Parekh’s chamber. The Executive Committee of the said Society consists of 10 senior Advocates who were practicing in the Hon’ble Supreme Court of India. Mr. PH Parekh also made Hon’ble Mr. Justice Altamas Kabir– the senior- most and No.2 Judge of the Supreme Court, Vice President of the said Society. It was a very Serious matter as it Infringed Para / Condition no. 3 of the ‘CODE OF CONDUCT of 1999’, Further, it definitely sent Wrong signal to the ‘Common Man- WE, The People of India’. Copy of the Forum letter is enclosed. 5. The Forum also feels that in view of the Provisions of the Code of Conduct of 1999, there does not seem any Justification whatsoever of accepting Lavish Farewell Party in a 5- Star Hotel from the side of AOR Association at the time of retirement of Hon’ble CJI and Judges when a traditional, simple Farewell Function had been organised by the SCBA which represents the whole community of Advocates practicisng in the Supreme Court. Similarly, the practice of inviting Selected Chosen Advocates in the Party organised by a retiring Hon’ble CJI and Justice of Supreme Court for his Colleagues, also Violates the Code of Conduct of 1999 and Now Especially when the Collegium of the Supreme Court is Appointiing Judges directly to the Hon’ble Supreme Court from Advocates practicing in the Supreme Court. The Forum has full Confidence that the Hon’ble CJI will take note and Discontinue this practice which directly Violates the Code of Conduct of 1999. 6. The Forum feels that it was the darkest day in the history of the Hon’ble Supreme Court of India when Attorney General, Adl. Solicitor General and other Senior Advocate – who are practicing Advocates of the Supreme Court, filed Petitions before the Hon’ble Supreme Court of India for action against retired Senior Judges of the Hon’ble Supreme Court of India- Hon’ble Mr. Justice AK Ganguly and Hon’ble Mr. Justice Swatanter Kumar, for Sexual Harassment and even gave Public statements, when they are supposed to be aware that the normal law viz. Cr. PC and IPC will be applicable in the cases and approaching the Apex Court will definitely influence the normal Investigations and Trial- if any, besides causing embarrassment to the Apex Court and the Hon’ble Judges of the Supreme Court of India. The Forum feels that it was only because of Non- acceptance and Non- adherence of the ‘CODE OF CONDUCT of 1999’ especially Para 3 of the said Code of Conduct of 1999 for Hon’ble Judges. The Hon’ble Judges have no option but to keep Aloofness- as required, to bring Transparency, Respectability and Impartiality. 7. On the basis of the above, the Hon’ble CJI will appreciate that the Acceptance and Strict Observance of the Code of Conduct - as contained in Para no. 1 to 16 of the said ‘CODE OF CONDUCT of 1999’, has become Imperative for bringing Transparency, Respectability and Impartiality in the eyes of ‘Common Man- WE, The People of India’ and therefore, Hon’ble CJI may take necessary steps immediately as the Forum is confident that the Code of Conduct can be Implemented Strictly and Effectively by you during your tenure as the Hon’ble CJI. 8. The Forum also appeals to all members of the Bar, through this letter, that they should honour and also, keep in view the Compulsions of the Hon’ble Judges as required under the “ RESTATEMENT OF VALUES OF JUDICIAL LIFE (CODE OF CONDUCT) ADOPTED IN THE CHIEF JUSTICES’ CONFERENCE IN DECEMBER 1999 ” to ensure “..an independent, strong and respected Judiciary, indispensible in the impartial administration of Justice..”
  3. 3. Encls : As above (AJAY PRATAP SHARMA) Copy forwarded to : 1. All Hon’ble Judges of the Supreme Court of India. 2. Secretary General, Supreme Court of India- For Information of Hon’ble CJI & All Hon’ble Judges of Supreme Court of India. (AJAY PRATAP SHARMA)

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