Rights activist Jomon accuses Ex-SC Judge Cyraic of disproportionate wealth; urges CJI to probe.  

By Suresh Unnithan

Thiruvananthapuram: It is highly disturbing when corruption and lack of integrity is alleged against any judicial judges. In general, Judges of courts are considered next to god and judicial courts are the last refuge for the public seeking justice.

In the Indian judicial system, it is rare a judge, particularly a Supreme Court judge is accused of corrupt practices. But recently, a human right activist has raised serious allegations of corruption against a retired Supreme Court judge presently holding the post of Lokayuktha in the state of Kerala.

Jomon Puthenpurackal, a human rights activist has written a three-page letter to Chief Justice of India D Y Chandrachud seeking a detailed probe against Retired Supreme Court Judge, Justice Cyriacs Joseph for corruption. Puthenpurackal alleges the ex-judge while “in service has amassed wealth disproportionate to his legitimate income.” Justice Cyriac Joseph is presently the Kerala Lokayuktha, hearing cases on corruption and malpractices of public servants including ministers and bureaucrats.

In his letter to the CJI Puthenpurackal has enumerated the “misdeeds” of Justice Cyriac ever since he entered the judicial service on 6 July 1994 as an additional judge in the High Court of Kerala till retired as a Judge of the Apex Court of the country on  January 27, 2012..

According to Puthenpurackal, “in his 17 years of judicial service, he ( Cyraic) has hardly done justice to this noble profession. Cyriac’s illicit interference in the infamous Sister Abhaya murder case to absolve the accused (Father Thomas M. Kottoor and Sister Sephy) had questioned his integrity as a judge.”  Cyraic was using his influence to absolve  Fr Kottooor, his close relative.

Sr Abhaya was found dead in a well at Pious X convent of the Knanaya Catholic order in Kottayam on March 27, 1992. When there was a move to hush up the death of Abhaya a suicide, many suspected the death as “a clean case of murder”. Puthenpurackal formed an action committee and continued fight for over 28 years.  Both the accused, Fr Kottoor and Sister Sephy, were sentenced to life imprisonment on 23 December 2020. But both were granted bail and their life sentences were suspended by the High court till the disposal of their petition challenging the verdict of the trial court.

Justice Cyriac Joseph had served as a judge in the Kerala, Delhi, and Uttaranchal (now Uttarakhand) High Courts and was the Chief Justice of the Karnataka High Court, before his elevation to the Supreme Court. While serving as Chief Justice of Karnataka, justice Cyriac created a controversy by making a visit to SFL Bangalore where the narco analysis test of the Abhaya case accused was  conducted. Dr Malini, then Assistant Director of SFL Bangalore, had given a statement to the CBI confirming Justice Cyriac’s visit to the narco lab. Dr Malini was the 91th witness in the Abhaya case.

Despite such controversies, Justice Cyriac was elevated to the Supreme Court, the ultimate forum for justice,  and after retirement also he could manage to get lucrative position like Member NHRC and Lokayuktha.

In fact on multiple occasions Justice Cyriac’s judicial prudence and legal proficiency were questioned.

During the hearing of a case relating to the National Judicial Appointments Commission (NJAC) and the 99th Constitution Amendment Act, Attorney General Mukul Rohtagi made a startling disclosure. On June 12, 2015 he said in the Apex Court that one of the judges of the Supreme Court, “could not write even 100 judgments in his entire career”, and that hundreds of judgments were reserved by him but not delivered. He was indirectly referring to Justice Cyraic Joseph.

To the above observation Justice J.S. Khehar, who  headed the five-judge Constitution Bench hearing the matter asked how it was that the same judge was then found suitable by the government – after his retirement from the Supreme Court – for appointment as a member of the National Human Rights Commission (NHRC). Justice Cyriac Joseph joined as Member, NHRC on the 27th May, 2013 and he was elevated as the Acting Chairperson of the Commission on the 12th May, 2015.

There was strong protest against the appointment of a judge of “suspected integrity” to NHRC. Raising strong objections the then leader of Opposition in the Rajya Sabha, Arun Jaitley wrote about Justice Cyriac Joseph: “As a judge, he was known for not writing judgments. As against a few hundred judgments authored by every judge of the Supreme Court, Justice Cyriac Joseph is believed to have written only six judgments. He has been, even during his tenure as a judge, perceived to be close to certain political and religious organisations.”

The then Opposition Leader in the Lok Sabha Sushma Swaraj expressed her dissent in stronger words: “Integrity and competence are essential for public office. The proposed name (Cyraic Joseph) lacks both. Therefore, I disagree.”

While Justice Cyraic Joseph in his 17 years of service could not even deliver hundred judgements, Justice Chandru, a former judge of the Madras High Court, through a tenure lasting close to six and a half years disposed of 96,000 cases. As against a few hundred judgments authored by every judge of the Supreme Court, Justice Cyriac Joseph is believed to have written only six judgements in his three years tenure as a judge of the Apex Court. 

However, it is interesting Justice Cyraic Joseph after retirement could manage plum post either at the Centre or in the state, Right now he is the head of the Lokayuktha of Kerala, a legal body “constituted for investigating into the allegations of corruption and mal-administration against public servants and for the speedy redressal of grievances of the public.”

Here is a pertinent question from a senior Lawyer “How could a judge with suspected integrity and track record rise up to the position of a Judge in the Highest Court of India and after retirement was still capable to become a Judge of the Kerala Lokayukta?”

No doubt, judicial corruption is a national security challenge.  Justice Samson Uwaifo, Retired Justice of Supreme Court. Nigeria has observed “If a judge is corrupt, he is no longer a judge, he is a thief and therefore he should be treated as such, according to the law and sent to jail.”