Sunday 5 January 2014

Complaint Against Justice Endlaw of Delhi High Court

To,
The Chief Justice of India,
Supreme Court of India,
New Delhi.                                                                                         

Subject:  A sitting Delhi High Court judge namely Justice R.S.  Endlaw crosses ethical boundaries – request for an enquiry

Respected Sir,

I wish to bring a matter of urgent public importance to your knowledge. Justice R.S. Endlaw has indulged in conduct which on the face of it is unethical and unbecoming of a sitting judge. Whether it is illegal or not requiring impeachment is a matter which can be decided only after a detailed enquiry is conducted into the matter.

Justice Endlaw had a thriving legal practice before he became a judge of the Delhi High Court on 11 April, 2008. One of his specializations as a lawyer was in real estate as per the Delhi High Court website. His earlier residential-cum-office address at One Bazar Lane, Bengali Market, New Delhi – 110001 is well known among the lawyers and his earlier clients. (The property is still owned by Justice Endlaw). Recently on a visit to the area I was shocked to see that a law firm is running from this very address. The building adorns the name plates of Justice Endlaw; of his father Shri Ishwar Sahai (another well known lawyer of his time) along with the name plate of a law firm “SNG & Partners”. It was shocking to say the least and I wondered since when have been sitting high judges allowed to practice law also simultaneously. [Picture of the property at One Bazar Lane taken on 02.01.2014 is attached herewith as Annexure ‘A’. The print out from SNG & Partners website showing its Delhi address as One Bazar Lane is attached herewith as Annexure ‘B’]

Further research on Delhi High Court website showed that SNG & Partners have started filing cases in Delhi High Court only since 2013. Apparently SNG & Partners moved to its present location in 2011. While the internal details of the working and functioning of the firm, its past dealings and understanding with Justice Endlaw are not known to me, the following questions beg an answer:

1.   Is a law firm running from a sitting judge’s property not utilizing the goodwill of the judge?
2.   Does not the fact that the judge’s name plate is still on the building further gives the impression to the prospective litigant that there is an understanding between the judge and law firm?
3.     How does one compute the financial gains received by the law firm just by being in that building and using the judge’s name plate even if there is no other understanding?
4.   If the building is rented to the law firm why is the name plate of Justice Endlaw still there? Isn’t there an ulterior motive?
5.  Has Justice Endlaw heard any case as a judge filed by SNG & Partners/ or its associates? Only a detailed enquiry into all the cases filed by SNG & Partners and cases related to any of its clients filed through other advocates would be able to establish the truth of the matter.
6.  If the area in which the property at One Bazar Lane, Bengali Market falls is residential use zone than is the property not being misused by Justice Endlaw?
7.    Is this not directly or indirectly even more unethical than what Judge Soumitra Sen had done?

I urge you to conduct a high level enquiry urgently into the matter and take appropriate action.

I also wish to assure you that I am neither a lawyer nor a client holding any grudge against Justice Endlaw. I am merely a citizen of this country imbibed with the spirit of enquiry and reform.

Yours sincerely,
(Dr. Paramjit Singh)
Secretary, Public Interest Litigation Watch Group
                                           
                                                                                     Annexure 'A'
                                          
                                        An act of omission or commission?

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