In this corner of the ring, ladies and gentlemen, is Rajendra Lodha, scion of 
an eminent judicial family of Jodhpur, Rajasthan and High Court justice of 
various states courts before becoming a Supreme Court Justice and later Chief 
Justice of India for the past 6 years. A hidebound judicial functionary in the 
best and worst traditions of the British Commonwealth judicicial system. 
Doesn't want to rock the boat because he knows that all India has against the 
barbarians of politics and corruption is the legal system. If this crashes 
India risks chaos.

In the opposite corner dear boxing fans is Markandey Katju a former justice of 
the Supreme Court and now chairman of the Press Council of India. Katju my 
friends is what you would call a rebel who will take the fight he feels 
strongly about, to the Indian public. As learned and experienced as his 
opponent, he dislikes tradition for its own sake and never hesitates to call a 
spade, a spade even at the risk of bad-mouthing the system. As eminent a judge 
as Lodha, but as different from him as chalk and cheese, this is not the first 
time Katju has gone public with what he preceives as grave wrongs that the 
government fails to right. He was incensed that Lodha pleaded helplessness 
about the failure of the system, without doing anything about it and is 
incensed again when Lodha admits to being able to do nothing when a judge with 
a shady past is being appointed to the Supreme Court at the behest of 
politicians.

The core of the matter is not technique. Both flit like a butterfly and sting 
like a bee. It is not weight or arm reach. Both are equal on these counts. 
Katju has the advantage of surprise, Lodha that of his august office. It is not 
lack of support and cheering in the audience. Lodha  can appeal to the 
collegium, Katju to the crowds fed up with the courts and the politicians and 
baying for blood on the streets to change the lethargy of law that keeps India 
behind while the private sector races it ahead.

Now for the bout:

Katju fires the first salvo, a direct hit to Lodha's jaw, with allegations that 
there is widespread corruption in the whole legal realm. In the appointment of 
tainted judges, in the blackmail by politicians in limiting the fair salaries 
of judges in return for favorable decisions, in the expectation of quid pro quo 
in appointments and a host of other things like housing and promotions. He 
pinpoints the devil as the collegium which he says is a failed system of judges 
appointing judges,  behind closed doors with no accountability except to 
politicians who best operate in such a foggy environment. 

Lodha reels from the blow but having rolled with the sucker-punch, does not 
bleed too much.

He delivers a few jabs to Katju's body saying that all these accusations even 
if true, cannot be discussed in the open or made known to the public lest they 
lose faith in the judiciary. Is this a lame excuse, a poor defense from a Chief 
Justice so blind that instead of changing things for the better, wants to 
maintain the status quo because it us less trouble. Once again. (See my recent 
Goanet post about Lodha professing inability to change the rotten system 
because it is so rotten that he is unable expect the government to change it). 
Or is it a genuine concern that a Chief Justice of India cannot ignore.

My bet is on Katju. He has the killer instinct. But India being India, anything 
can happen. They can fix his hydration so he completely loses his voice. After 
a few off-the-air threats of course.

Roland.


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