In context of the controversy regarding Shri Justice KG Balakrishnan and his family's recently acquired munificence, I heard a few judicial fraternity old-timers urge him to go the extra mile in clearing the air. 'Caesar's wife should be above suspicion' was the shibboleth they asked to be upheld; exhorting the immediate past occupant of the exalted chair of India's Chief Justice. Messrs Iyer, Verma and Nariman, luminaries all, should know: with long, distinguished career records serving the law and jurisprudence. Oft-quoted as the tenet is, I appreciate and endorse it as touchstone of propriety in high places. Yet, I found the suggestion over-hopeful, and somewhat puerile.
First, the allegations: the litany of charges against Shri Balakrishnan is significant. Coincident with his tenure as CJI, fortunes of multiple members of his family (son-in-law, brother, nephew etc) are reported to have skyrocketed. The asset accumulation is rumoured to be in tens of crores: houses, farms, jewellery shops, hotels and other business interests etc; presumably by peddling favour in judicial verdicts and administrative decisions. He also stands accused of playing godfather at large, shielding A Raja, 2G-scam kingpin and Middle India’s reigning bête-noire, from prosecution on attempt to influence a Madras HC judge in a corruption case against one of his cohorts. It’s complicated; or is it?
Next, consider the nation’s mood. Our collective consciousness is beset with an unending saga of corruption. We may not end up as a Tunisia or Egypt, but despair over this disgraceful dance of adharma is palpable. In this widespread morass, our higher judiciary’s stellar activist tilt has been aam aadmi’s last refuge for over two decades. Having presided over this venerated arm of our government (for one of its longest tenures), better could have been expected from Mr Balakrishnan. Instead one is presented with the sight of his portly form scurry away with an inane smile, TV journos in pursuit. It is not quite the picture of one with ‘nothing to hide’. It is also farthest from desired, in our current national context or dignity of his last office.
Unfortunately, there’s more. Yesterday Mr Balakrishnan said ‘no’ to sharing information on his or his family’s assets. This is piquant. At a time when his supposedly illicit gains weren’t yet the talk of the town, he had led the higher judiciary’s resistance to publicly declaring their assets. I had been surprised: the wise men in black robes had uncannily called right India's public mood on every issue since late 80s. Yet, in an ostensible no-brainer, where they could have easily continued at the vanguard of probity, under his leadership they refused to play ball. Given the monolithic, opaque nature of its functioning, it is difficult to surmise to what extent the erstwhile captain moulded the team’s stance. They were, in any case, made to yield, but not before an unseemly fraternal spat; thus ceding the high moral ground in a manner unprecedented in recent memory. The ex-CJI’s latest denial to an RTI query adds a somewhat macabre slant to those developments.
Noteworthy too is the purported reason for the nay-saying stance: information sought is not of public value! If talk of malfeasance, millions flying thick and fast, CJI-ship incumbency (not to forget existing stewardship of NHRC) etc don’t qualify as community interest, it stretches one’s imagination to think what does. His may be a nuanced legal view, disdain for the spirit of the law, or simply PR hara-kiri; but if unchanged, the afore-mentioned eminent jurists’ conscience call has no hope. Unless, Your Honour...
PS: No surprises in the redoubtable Law Minister’s hasty endorsement under an equally specious argument (no questioning folks in sensitive positions, or words to that effect). The wily Karnataka politician had readily absolved Shri Balakrishnan in the Raja tangle too. Lesson then: swear by the forwarding letter, ignore the attached actual. And now: (apropos the Rajas, Kalmadis and Chavans) no uncomfortable enquiries please, we’re Indian. Let’s just send them flowers!
First, the allegations: the litany of charges against Shri Balakrishnan is significant. Coincident with his tenure as CJI, fortunes of multiple members of his family (son-in-law, brother, nephew etc) are reported to have skyrocketed. The asset accumulation is rumoured to be in tens of crores: houses, farms, jewellery shops, hotels and other business interests etc; presumably by peddling favour in judicial verdicts and administrative decisions. He also stands accused of playing godfather at large, shielding A Raja, 2G-scam kingpin and Middle India’s reigning bête-noire, from prosecution on attempt to influence a Madras HC judge in a corruption case against one of his cohorts. It’s complicated; or is it?
Next, consider the nation’s mood. Our collective consciousness is beset with an unending saga of corruption. We may not end up as a Tunisia or Egypt, but despair over this disgraceful dance of adharma is palpable. In this widespread morass, our higher judiciary’s stellar activist tilt has been aam aadmi’s last refuge for over two decades. Having presided over this venerated arm of our government (for one of its longest tenures), better could have been expected from Mr Balakrishnan. Instead one is presented with the sight of his portly form scurry away with an inane smile, TV journos in pursuit. It is not quite the picture of one with ‘nothing to hide’. It is also farthest from desired, in our current national context or dignity of his last office.
Unfortunately, there’s more. Yesterday Mr Balakrishnan said ‘no’ to sharing information on his or his family’s assets. This is piquant. At a time when his supposedly illicit gains weren’t yet the talk of the town, he had led the higher judiciary’s resistance to publicly declaring their assets. I had been surprised: the wise men in black robes had uncannily called right India's public mood on every issue since late 80s. Yet, in an ostensible no-brainer, where they could have easily continued at the vanguard of probity, under his leadership they refused to play ball. Given the monolithic, opaque nature of its functioning, it is difficult to surmise to what extent the erstwhile captain moulded the team’s stance. They were, in any case, made to yield, but not before an unseemly fraternal spat; thus ceding the high moral ground in a manner unprecedented in recent memory. The ex-CJI’s latest denial to an RTI query adds a somewhat macabre slant to those developments.
Noteworthy too is the purported reason for the nay-saying stance: information sought is not of public value! If talk of malfeasance, millions flying thick and fast, CJI-ship incumbency (not to forget existing stewardship of NHRC) etc don’t qualify as community interest, it stretches one’s imagination to think what does. His may be a nuanced legal view, disdain for the spirit of the law, or simply PR hara-kiri; but if unchanged, the afore-mentioned eminent jurists’ conscience call has no hope. Unless, Your Honour...
PS: No surprises in the redoubtable Law Minister’s hasty endorsement under an equally specious argument (no questioning folks in sensitive positions, or words to that effect). The wily Karnataka politician had readily absolved Shri Balakrishnan in the Raja tangle too. Lesson then: swear by the forwarding letter, ignore the attached actual. And now: (apropos the Rajas, Kalmadis and Chavans) no uncomfortable enquiries please, we’re Indian. Let’s just send them flowers!