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The Rediff Interview/ Shanti Bhushan

'The judgment will reinforce the common man's confidence in the judiciary'

Additional Sessions Judge Ajit Bharihoke's judgment against former prime minister P V Narasimha Rao and former Union home minister Buta Singh has been applauded in legal circles.

Advocates and other observers believe the judgment reassures the common man that the judiciary is capable of punishing the mightiest people in the land.

Former Union law minister Shanti Bhushan discussed the judgment and its impact with Special Correspondent Josy Joseph.

What are the implications of the judgment against P V Narasimha Rao?

I feel this decision will enhance people's faith in our judicial system. People were getting the feeling that very important people, specifically politically powerful persons, cannot be dealt with in courts. Now that a person who is a former prime minister has been convicted, it will greatly enhance the confidence of our people.

What about the appeals? The case could drag on.

It is true that the guilty have the right to appeal in higher courts. They have a right to be heard by the court. Their appeals should be heard on a priority basis and a ruling should be given within two to three months. There is no reason why it should not be heard on an emergency basis. It is a matter of national importance.

In fact, there are Supreme Court judgments saying cases against very important political personalities should be heard on a priority basis.

Is it a landmark judgment?

No. However, normally people think that a sessions judge cannot punish powerful politicians and others. This judgment dispels such misconceptions.

In fact, this judgment brings to one's mind, the verdict of Allahabad high court Judge Jagmohan Sinha against Indira Gandhi in 1975. He held her election invalid and disqualified her for six years.

It reinforced the common man's confidence in our judicial system -- that a high court judge can set aside the election of India's prime minister. That was a great feat.

What is your personal experience of Judge Bharihoke?

I have never appeared before him. But he enjoys a good reputation. His judgment will go a long way in boosting the common man's confidence in the judiciary.

The Supreme Court has handed down some judgments in the JMM case. Have these been flawless?

No. Some mistakes have been made. For example, where a majority bench said if a member of Parliament takes a bribe but exercises his right to vote, then he cannot be proceeded against. That was a mistake. Efforts are on to correct it. A writ petition is pending before the Supreme Court.

Will Friday's judgment set a precedent for corruption cases?

Every case is decided on its own merit. However, it will be a morale booster to sessions and lower level judges.

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