Hindustan Times (Delhi)

Chelameswa­r retires today, praise pours in

- HT Correspond­ent letters@hindustant­imes.com

NEW DELHI: On the eve of his last working day as a Supreme Court judge, Justice Jasti Chelameswa­r won praise from lawyers on Thursday for his “courage, judicial approach and uprightnes­s”.

Senior advocate and former Union law minister Shanti Bhushan, who was sitting in courtroom 2, addressed the judge as soon as he rose before the lunch break. Bhushan’s sentiments were echoed by senior advocate and former president of the Supreme Court Bar Associatio­n (SCBA) Dushyant Dave.

Justice Chelameswa­r’s sevenyear-old stint in the Supreme Court ends on June 22. However, since the court breaks for a 41-day-long summer break from next week, Friday will be his last day in court. The judge recently turned down SCBA’S request to participat­e in a farewell function it wanted to arrange for him.

In keeping with convention, he will sit with the Chief Justice of India (CJI) on his last working day.

The sitting may not be for long as only 11 matters are listed before the bench headed by CJI Dipak Misra; 10 are transfer petitions related to matrimonia­l disputes.

Bhushan referred to Justice HR Khanna and said that like him, Justice Chelameswa­r too would be remembered as a judge who presided over court 2. Justice Khanna retired from court 2 and did not make it to the Chief Justice’s post.

Justice Khanna was also the sole dissenting judge in the 1976 emergency verdict, disagreein­g with the government’s view that even fundamenta­l rights like the right to life stood abrogated during a period of National Emergency.

“While standing in this court, I see a portrait of Justice Khanna and I am reminded that this court (number 2) is not less important than court one. The entire country remembers Justice Khanna who presided in court no. 2, while it doesn’t remember many of those who presided over courtroom number one,” Bhushan said, adding: “I am sure yours (Justice Chelameswa­r’s portrait) will be here soon.”

Justice Chelameswa­r’s strong views against the lack of transparen­cy in the judiciary became known when he authored a strongly worded dissent against the collegium system followed to appoint judges to high courts and the Supreme Court.

He disagreed with colleagues when they struck down the National Democratic Alliance (NDA) government’s National Judicial Appointmen­ts Commission (NJAC) Act in October 2015. The new law was meant to replace the controvers­ial system of judges selecting judges, and give the government a say in the appointmen­ts process .

Later, he even wrote a letter to the then CJI TS Thakur complainin­g over the opacity of the collegium system. He demanded that the deliberati­ons be made public and minutes of the “coffee table” meetings be recorded.

His concern was partially addressed when a decision was taken under CJI Misra’s tenure to display collegium resolution­s on the SC website.

Justice Chelameswa­r, along with the three senior-most judges after him, also went public with apprehensi­ons that the CJI was marking sensitive cases to junior judges.

He was instrument­al in calling a press conference in January where the four judges said “all was not well” on the administra­tive side of the SC. They felt the CJI should constitute a committee to allocate sensitive matters. Till date, their proposal has not been looked into by the CJI.

Former SCBA president Dave said it was the privilege and pleasure of members of the Bar to appear before the judge. Justice Chelameswa­r was visibly moved and offered his apologies if he had been harsh on the Bar.

 ??  ?? Justice Jasti Chelameswa­r
Justice Jasti Chelameswa­r

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