Monday, November 30, 2009

Stop considering Justice Dinakaran elevation: Bar

Stop considering Justice Dinakaran elevation: Bar

11/29/2009

While authorities promise a law to make Judges accountable without making them vulnerable, the Supreme Court Collegium was urged today 'not to proceed further' with elevation of a Judge whose 'integrity is... doubtful.' The 'fervent' plea against pursuing Karnataka High Court Chief Justice P D Dinakaran appointment to the apex court came in a resolution adopted by leading lawyers after a day-long seminar on Judicial and Legal Reforms opened by Law and Justice Minister M Veerappa Moily.

Dr Moily told participants the Ministry was working on a legislation aimed at Judges accountability which would also contain provisions to preclude any misuse. Until recently, the authorities often tried to advance arguments of judicial independence to counter calls for accountability.

'After carefully considering' allegations against Justice Dinakaran, participants in the seminar, sponsored by the Bar Association of India, appealed to the Collegium 'not to proceed further' with his elevation.

The Association 'seriously appeals to the Collegium of the Supreme Court not to proceed further with their proposal to recommend him for appointment to the Supreme Court and save the credibility of the Judiciary in the eyes of the people.

'The question is not whether the charges against the Learned Judge are correct or not, but whether the appointment of such a person whose integrity is widely perceived to be doubtful would affect the faith of the common man in this glorious institution? 'We therefore, request the Collegium to put an end to the controversy immediately by a simple announcement that the recommendation already made will not be pursued further.' The participants resolved that a delegation led by Association President F S Nariman and Supreme Court Bar Association President M N Krishnamani with Senior Advocates 'will meet the Collegium and communicate... the concerns of the bar.' Justice Dinakaran inclusion among candidates for appointment to the nation highest court sparked allegations about his past conduct, specially massive encroachment of public land.

Thiruvallur district collector V Palanikumar has reported his having encroached 197 acres of public land around his property in Kaverirajapuram village in Chennai, published accounts say.

Justice Dinakaran was among five senior Judges tipped to be elevated.

The recommendation came in September but was mired in controversy. The delay in dealing with the issue held up the other four appointments, which finally went through on November 17.

His exclusion was followed by a call for his resignation among others from Krishnamani, who says that in some respects a High Court Chief Justice has a more pivotal role than a puisne apex court Judge.

The participants at the seminar acknowledged their obligation to support steps to enlarge the scope of access to justice to people and pledged 'support to the Vision Statement and the Action Plan, 2009.' The Vision Statement was adopted at a National Consultation Meet of Chief Justices held at the instance of Dr Moily and Chief Justice of India K G Balakrishnan.

A second Resolution called on advocates across India to cooperate with implementation of an Action Plan to eliminate the scourge of arrears and let every litigant have his day in Court.

'Let every litigant have his day in Court and his/her case decided in reasonable time and at affordable expense,' the Resolution said.

It hailed a government initiative to develop a litigation policy so that the 'government behaves as a responsible litigant and a fair provider of justice to all sections of society.' It called on Central and State governments to improve the facilities for Advocates in Court Complexes, to bring into force Section 30 of the Advocates Act, 1961 immediately.

It also sought support for welfare schemes for lawyers so that justice is done to the profession while the profession strives to support the cause of justice to citizens.

The resolution requested Senior Advocates, including those who have stopped active practice, to lend their services for short-term judgeships at different levels of the Court System under an Arrears Eradication Scheme.

By a third Resolution, the participants stressed 'far-reaching and radical reforms' in judicial appointments in the High Courts and the Supreme Court and 'new machinery and mechanisms' to deal with complaints against Judges manning the higher judiciary.

'Such reforms must preserve the independence of the judiciary from the executive government,' the Resolution said, adding that 'the Collegium experiment has not worked satisfactorily and an alternative mechanism be put in place by constitutional amendment.

'The past system was wholly unsatisfactory and should not be restored,' it emphasised.

It pointed to practices in such jurisdictions as United Kingdom and South Africa of an Independent Judicial Appointments Commission consisting of several lay members. 'Such a Commission must have a constitutional status and a permanent Secretariat similar to the Election Commission.' It urged ensuring: -- Transparency as to methods, norms and procedures while maintaining confidentiality with a view to preserve the reputation of potential candidates to judicial posts; -- Merit, Integrity, Independence, Sensitivity to Constitutional Goals, Experience, Balance, Good Repute are some of the important norms for selection; -- Inputs and views from the members of the Bar and the Public regarding proposed appointments must be invited; -- Absolute immunity to persons communicating inputs and information from any action by way of contempt or defamation even if the information given happens to be false or incorrect; -- Records and reasons regarding appointments must be disclosed to the Public including reasons for selection; -- A permanent statutory body with a Secretariat headed by a Director to search and gather information regarding potential candidates-- full database such as Judgements, General Repute, Behaviour on the Bench-- which may be kept confidential to assist in making appointments; -- Panel to be prepared-- and renewed yearly-- by High Courts of members of the Bar willing and agreeable to be appointed as High Courts Judges on the strength of proposals by eminent Senior Advocates giving an equal opportunity for those who are agreeable; The resolution also asserted that 'the procedure for impeachment has failed and must be replaced by constitutional amendments.' It stressed 'a great urgency for an appropriate Judges Inquiry Act which will give a statutory basis for considering complaints against judges of superior courts by a proper Judicial Council composed of judges of Supreme Court and High Courts which would inquire into the complaints against the judges of superior courts and take appropriate action by way of disciplining judges.

'In the case of a judge deserving removal the Judicial Council would forward its recommendations to Parliament for the constitutional method of removal of the judge.' It said the United States statute for Judicial Councils should serve as a good model.

'Such a statute is urgently required to be passed in consultation with the Chief Justice of India and representatives of the Bar.'

UNI

Courtesy_

1 comment:

  1. Making of judges in progress

    i remember one of my teacher telling me this, n i would like to discuss it ... Law was degraded and looked down upon two-3 decades ago and that no one actually wanted to take up law (exceptions are there, I am referring to Bangalore University), other than students with a percentage of 40-50% and ppl who have flunked 3-4 times in their 12th, etc ..Rest would become engineers or doctors, etc..These students generally never attend classes and manage to pass by paying some amount ( 2 years back the amount was Rs.2500), 5 years later they get a law degree, and its not difficult to get into the bar association, and 10 years later by hook or crook or may be a little hard work, these students become hon'ble judges...
    With due respect to many honble judges, there do turn out to be bad lot of judges

    ReplyDelete

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