Sushashan, Nitish Kumar’s mantra for change in Bihar, is based on claims of improved law and order in the state. Faster convictions, speedy trials of cases and drive against corruption have indeed instilled a sense of confidence among residents. Police and judiciary have become the common man’s armour against corruption and injustice. But is the judicial system free from corruption and caste bias in Bihar? No, says the Bar Council chairman, Baleshwar Prasad Sharma, in an interview to The Telegraph

Freedom from fear factor

The Nitish Kumar government claims law and order has improved tremendously under its regime. Do you think this government has been able to bring some positive change in the judiciary?

The state government has a direct role in controlling crime and the Nitish government has been successful in its endeavour to some extent. The prosecution machinery has been activated in the state. Cases are being reported fearlessly with prompt help from the police. Victims are no longer scared to report harassment at the hands of goons and hoodlums. People are coming forward to complain before the higher ups if they feel injustice is being meted out to them. They are even reporting matters to the chief minister directly at his janata darbar. A kind of pressure is working on the machinery which is good for democracy and judiciary.

How has the prosecution machinery been activated?

Convictions have taken a quantum jump in the past five years which can be termed as exemplary. Especially in the case of the dons, who once ruled the roost in the state, convictions have become much faster. The government has appointed special public prosecutors to argue important cases. Witnesses are turning up in courts without any fear. The state has continued with its fast-track courts despite the central government’s decision to discontinue with the system in 2010-11. It (Bihar government) even arranged funds to run the fast-track courts.

Lokpal for all

What’s your take on the Lokpal bill? Should higher judiciary be brought under the ambit of the much talked-about ombudsman?

My view is that since the Chief Justice of India (CJI), the Prime Minister and the high court judges discharge public duty, they should be brought under the purview of the Lokpal bill. Now people have started raising fingers at the judiciary. We cannot stop this trend in the future. Some day, you will have to bring them under someone’s control. One of the seniormost constitutional experts in the country and former law minister, Shanti Bhushan, had said in the Supreme Court that out of eight chief justices in Indian courts, at least five are corrupt, but the apex court did not take any action. I am of the view that the Lokpal should probe the allegations made against those occupying high posts and submit its report to the CJI. The same should be sent to the Speaker in case of ministers and Lok Sabha members but the action should be taken only after the individual demits the office or post.

Probe must to cleanse judiciary

The civil society has waged a war against corruption in the country. Do you think corruption has spread to the judiciary too?

Corruption is rampant in the judiciary, especially in the lower courts. There is a need for preliminary inquiry against judicial officers and judges (of the high court as well) if proof is found against them prima facie. We have passed a resolution requesting the high court to invite and encourage reports against corrupt judicial officers from lawyers, litigants and people in general and hold indoor inquiry into the complaints. If the allegations are found to be true, vigilance should be allowed to lay a trap against such judicial officers. This will help check corruption in the lower judiciary. Three decades ago, vigilance raid was conducted at Nawada and Ranchi against judicial officers but the high court later prohibited the vigilance trap after lawyers protested.

How rampant is corruption in the judiciary?

About 80 per cent of lower judiciary and nearly 10 per cent of higher judiciary (high court) are corrupt. In Bihar, the role of mon-ey in judiciary is negligible. Instead, face value and caste considerations play a vital role in deciding matters, especially bail pleas. To tame the corrupt, the Supreme Court must have administrative control over high courts, especially in the matter of corrupt judges.

Fill up posts for faster trials

There is a huge backlog of cases in both the subordinate and higher courts. What steps should be taken for faster disposal of cases?

There is an urgent need to address the present system of deciding hearing dates, particularly in lower courts, where bench clerks (peshkar) give dates and not the judges. There should be inter-district transfer of subordinate employees (bench clerks) who play a major role in protracting trials. Besides this, the government should urgently fill up the 25 per cent vacant posts of the 1,650 sanctioned strength of officers in the lower judiciary. There is an urgent need to make a three-fold increase in the current strength of judges in the subordinate courts to reach a better judge-population ratio. The state should also withdraw its 200 judges posted in central and state departments.

What steps the council has taken for clients’ welfare?

The state Bar Council has decided to start a legal client-aid cell at every Bar for which committees are being constituted at district and sub-divisional level. One committee would comprise five to 10 lawyers who would be available for clients on a rotational basis. The lawyers would not only provide free legal aid to people in need but also contest their cases free of cost. The committee would engage even senior advocates of the respective Bar to help poor litigants.

Polls under way in Bar associations

Elections have not taken place at several Bar associations. Have you taken any steps to conduct elections in these bodies?

There are altogether 113 Bar associations in the state — right from the high court to sub-divisional courts — which have Bar Council’s affiliation. Elections in as many as 98 Bar associations were due in January this year. We have conducted elections in 74 Bar associations so far, and in the remaining bodies, either polls would be conducted or ad hoc committees would be formed temporarily.

What steps has the state Bar Council taken for the welfare of lawyers and clients?

The Bar Council was constituted under the Advocates Act, 1961, which regulates the legal profession and takes care of both lawyers and litigants for smooth functioning of the system. Our primary objective is to provide legal aid and legal education. On both these issues, we need the support of the government. We have written to ch-ief minister Nitish Kumar and deputy chief minister Sushil Kumar Modi who have assured us that the government would provide aid in construction of Bar Council buildings and libraries in district and sub-divisional courts. We have also initiated a pension scheme for lawyers.

Lawyer with nose for news

About Baleshwar Prasad Sharma…

Born on January 15, 1946, in Pandarak village, Patna district, Sharma did his BSc from Gaya College in 1965. He completed his bachelor of law from College of Commerce under Magadh University. He also got a diploma in journalism from Rajasthan University.

Sharma comes from a family of lawyers. His brother Arun Kumar is a lawyer in the high court. His grandfather was an honorary magistrate during the British regime for more than two decades.

What would you have been had you not been a lawyer?

Had I not been a lawyer, I certainly would have been a journalist. I worked as a reporter for various Hindi and English newspapers as well as a premier news agency for over two decades. In 1965, I decided to switch over to law.