Hindustan Times (Lucknow)

Top court needs to be protected, assessed: Justice Chelameswa­r

- Ashok Bagriya and Bhadra Sinha letters@hindustant­imes.com ▪

I would prefer a judge with some political ideology to a judge who keeps changing his ideology with time

JUSTICE JASTI CHELAMESWA­R

NEW DELHI: Jasti Chelameswa­r, who retired as a Supreme Court judge on Friday, has no regrets about holding a press conference – unpreceden­ted for a judge of the top court – along with three of his fellow judges on January 12, airing grievances over the way Chief Justice of India Dipak Misra was allocating cases and administer­ing the court. The judges had tried to “set things right”, he said in an interview, and when nothing worked, decided “to inform the nation”. Chelameswa­r seemed to suggest that nothing had changed, but admitted that the press conference “created awareness” about the goings-on in the court and how the Supreme Court too needs to be “protected” and its activities be “assessed periodical­ly”.

Chelameswa­r was the only judge to support the govern- ment’s move to replace the collegium system of selected judges to the higher judiciary with a National Judicial Appointmen­ts Commission or NJAC (compris- ing the chief justice, two other judges of the Supreme Court, the law minister, and two eminent individual­s). In 2015, the top court struck down the NJAC Act as unconstitu­tional.

In his interview, he agreed that the current process of appointing judges isn’t “fair, rational and transparen­t”.

Chelameswa­r’s view on the collegiums is well known. In September, 2016, he wrote to the then Chief Justice of India, TS Thakur, expressing his “dissent at the non-transparen­t manner” in which it was working, but as he says, “nothing much has changed since then”.

Every office in the land, including the Chief Justice’s, has to be “subject to public scrutiny”, he said. In a democracy, he added, “no public office holder is beyond scrutiny.”

And the chief justice, he added, has to work consultati­vely. Even the Prime Minister works consultati­vely with the cabinet, Chelameswa­r said.

The buzz in Delhi’s power cir- cles is that the chief justice may pick anyone other than Ranjan Gogoi, the second senior-most judge in the court currently, as his successor because the latter was one of the four judges who held the press conference on January 12.

Commenting on the practice of the Chief Justice recommendi­ng who his successor should be, Chelameswa­r said there is “nothing wrong in it”.

But if the Chief Justice is not recommendi­ng the “name of the next senior-most judge”, he should “have the freedom to do so, provided he records the reasons” for not doing so, Chelameswa­r added.

Chelameswa­r has decided not to take up “any post-retirement job” and plans to spend time in his ancestral village in Krishna district of Andhra Pradesh, and Hyderabad.

IN SEPTEMBER, 2016, HE WROTE TO THE THEN CHIEF JUSTICE OF INDIA, TS THAKUR, EXPRESSING HIS “DISSENT AT THE NONTRANSPA­RENT MANNER” IN WHICH IT WAS WORKING, BUT AS HE SAYS, “NOTHING MUCH HAS CHANGED SINCE THEN”

 ?? RAJ K RAJ/ HT PHOTO ??
RAJ K RAJ/ HT PHOTO

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