In India, the judiciary was always seen as the last refuge of the helpless citizen. Judges were knights in shining armour who fought to give justice to the weak and the vulnerable. But, of late, the image of the august institution has taken a beating like never before. The series of allegations that have come up against the kin of former Chief Justice of India K.G. Balakrishnan has created more doubts in the minds of many about the credibility of an establishment once considered above reproach.
When Mr Balakrishnan took over as CJI in January 2007, legal luminaries hailed it as the beginning of a new era. He was the first dalit to occupy the high office and was seen as a person of integrity and a symbol of the empowerment of the oppressed. But the flurry of charges made against his family in the last several days has forced the same leading lights to change their tone to one of disappointment and anger. The allegations are that Mr Balakrishnan’s sons-in-law, Mr P.V. Sreenijan, a Congress leader, and Mr M.J. Benny, a lawyer, garnered assets worth crores of rupees when Mr Balakrishnan was holding office as CJI. His brother, Mr K.G. Bhaskaran, a special government pleader in Kerala, was also accused of buying up huge swathes of land in Tamil Nadu. Allegations have also come up against other family members. Under pressure, Mr Sreenijan has resigned from the Congress and the advocate-general has asked Mr Bhaskaran to quit his post. The state government has also asked the vigilance wing to examine the charges against Mr Sreenijan. Though no specific charges have been made against the former CJI himself, the frenetic manner in which his family made assets during a specific time-frame has, unfortunately, cast a shadow on him too.
It is perhaps no coincidence that the allegations have surfaced at a time when the judiciary is under the scanner. Just weeks ago, former Union law minister Shanti Bhushan had risked contempt by openly accusing some former judges of corruption. This was followed by the Supreme Court expressing concern at the phenomenon of “uncle judges” in the Allahabad high court. As if on cue, a Rajya Sabha panel had found Justice Soumitra Sen of the Calcutta high court guilty of misappropriation of funds and may well proceed with his impeachment. As the Supreme Court said in connection with the Allahabad high court, all this indicates to the careful observer that “something is rotten”.
In this context, the allegations made against Mr Balakrishnan’s family raise many disturbing questions. The former CJI had already courted controversy though his “inaction” on a letter from a Madras high court judge regarding former telecom minister A. Raja’s interference in a case. Mr Balakrishnan, at present chairman of the National Human Rights Commission, has so far not reacted to the charges against his kin. The eminent jurist, Justice V.R. Krishna Iyer, was speaking for many concerned citizens when he said that Mr Balakrishnan’s silence was disconcerting. Mr Iyer has asked the former CJI to step down from the post of NHRC chairman and clear his name by facing a high-level probe. According to him, this was necessary to restore the faith of the people in the judiciary. This is correct advice which Mr Balakrishnan should heed. In a season of scams, if the judiciary, too, is seen as not being above board, the mood of cynicism and despondency in the nation will intensify to depressing levels. A former CJI, of all people, should not allow this to happen.