A division bench of Madras High Court held as follows,
From Para 5,
5. None can deny there is corruption in the Judiciary. There were and are corrupt Judges. While addressing a legal conference in Kollam, Kerala, former CJI Bharucha implied that 20 per cent of the Judges in this country were corrupt. The startling statement made by the Bhushans (father and son duo) is still in public memory. We would not go that far. We refuse to even endorse such sweeping statements. But, we do know and have come across instances of judicial corruption. The Full Court of the Madras High Court regularly shows the exit door to such black sheep. The Supreme Court acknowledged in High Court of Judicature at Bombay -vs- V.Shirish Kumar Rangrao Patil (1997) 6 SCC 339 that the cancerous cells of corruption constantly keep creeping into the vital veins of the judiciary. It was also observed that the need to stem it out by judicial surgery lies on the judiciary itself by its self imposed or corrective measures or disciplinary action under Article 235 of the Constitution. Corruption in Judiciary cannot be committed without some members of the Bar becoming privy to the corrupt. The vigilant watch by the High Court is the sustaining stream to catch the corrupt and to deal with the situation appropriately.
From Para 15,
15. Judges need not be treated as holy cows. Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men (Lord Atkin). But the lack of respect in the movie dialogues would not make any difference to us. In Sheela Barse -vs- Union of India (1988) 4 SCC 226, it was observed that criticism of judicial functioning is a healthy aid for introspection and improvement and that it is the privileged right of the Indian citizens to believe what he considers to be true and to speak out his mind, though not, perhaps, with the best of tastes; and speak perhaps, with greater courage than care for exactitude. Judiciary is not exempt from criticism. Judicial institutions are, and should be made of stronger stuff. Debates of public issues should be uninhibited, robust and wide open. It may well include vehement, sarcastic and sometimes unpleasant sharp criticism of Government and public officials (D.C.Saxena -vs- Hon’ble Chief Justice of India, 1996 (5) SCC 216). We would add by including Courts and Judges also. Judges are not above criticism. In Foundation Inc -vs- ANI Media (P) Ltd (2025) 10 SCC 353, it was suggested that Courts should welcome debates and constructive criticism.
