Prakash Yedhula (Lawyer) 12 February 2010

Transparency in judges elevation to Supreme Court

Chief Justice of Delhi High Court, Justice A.P.Shah's statement on his denial of elevation to Supreme Court.

"The problem with the present system is there is complete lack of transparency. There is too much secrecy and no reasons are recorded for rejection of a candidate to SC. Either you scrap the collegium system and opt for National Judicial Commission. But I don't see that happening anytime soon, so transparency in the present system of appointments is our best bet against allegations of favouritism. I am not saying you have a public hearing, but at least a candidate must know why he was rejected. Reasons must be recorded. Right now it seems there are no parameters for selection of judges."

5 important verdicts by benches headed by Chief Justice A P Shah:

* Legalisation of consensual homs*xual s*x in July 2009.

* Bringing office of the Chief Justice of India under the ambit of the RTI. Rules judicial independence is not a judge’s privilege but a responsibility cast upon him.

* Acting on PILs complaining of flawed parole guidelines, asks the Delhi government to come up with new and equitable parole guidelines with a time frame to decide such applications.

* Restricts any kind of construction within 100 metres of protected monuments

* Brings in a rule that an employer would be fined Rs 20,000 immediately on a simple complaint of bonded labour and get three years in jail if found guilty of the offence

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9 Replies

N.K.Assumi (Advocate) 12 February 2010

Why transparency on the Supreme Court judges appointment only? Transparency should be there from the grass roots level from mofusil, magistrates etc. we are fade up of present systems and dont feel like entering the courts also.

P. Venu (Advocate) 12 February 2010

Anyone who had the opportunity of having been present in Hon'ble Justice A.P.Shah's Court Room cannot but share his anguish. His non-elevation to the Supreme Court is bound to remian a curious mystery for a long time to come. The fact is that more than his missing the Apex Court, it is the Apex Court that has missed him

However, there is a silver lining. . It is not unoften that greatmen miss the laurels. The best example is of Mahatma Gandhi who was not considered worthy of Nobel Peace Prize. Perhaps it is that destiny requires him not to rest his laurels and there is much more he can do in redefining the existing judicial system marked by its inefficiency and delays.

Anil Agrawal (Retired) 12 February 2010

In the case of Netas, it is touted that cases of serious crimes may be pending against them but they can continue as MPs and Ministers unless convicted which means knowledge of State secrets.

Can't it be made applicable to judges too?

Anil Agrawal (Retired) 12 February 2010

CJI's refusal to grant permission in the case of bribery of a Punjab and Haryana HC judge is a case in point.

Anil Agrawal (Retired) 12 February 2010

न्यायाधीश शाह ने सरकार को कहीं मुँह छिपाने लायक नहीं रखा। कानून मंत्री सफाई देते फिर रहे हैं। पर आखिर सच्चाई मुँह बाये सामने आ ही गई है।

B.S MANJUNATH (ADVOCATES) 13 February 2010

This has now become a cold subject. Not that the judges who are in supreme court and high court do not know this. Like water finds its own level, this suject will also find is appropriate course by itself. Because there is no willingness to set right spontaneously.