: Judges Must Judge Themselves #WorldNEWSAll An important institution like the judiciary and judges must not only be above suspicion they should also appear to be beyond suspicion. Judiciary is the
Judges Must Judge Themselves #WorldNEWSAll
An important institution like the judiciary and judges must not only be above suspicion they should also appear to be beyond suspicion.
Judiciary is the last hope of the common man as well as the last bastion of a true democracy. It is the protector as well as the interpreter of the constitution. It is therefore important that the conduct of those at the top echelon of judiciary remains under close public scrutiny. And it must remain so in the interest of democracy.
Justice Abdul Nazeer (Retd. )
The appointment of former Supreme Court judge Abdul Nazeer, who was part of the constitution bench they decided the Ayodhya issue and also the bench that endorsed the controversial demonetisation, as the Governor of Andhra Pradesh, is the latest such appointment which has raised serious concerns.
Justice Nazeer is the third judge from the five member bench that gave the ruling in the Ayodhya title dispute case to receive a post-retirement appointment from the government.
Former Chief Justice of India Ranjan Gogoi, who headed the bench in the Ayodhya case, was nominated to Rajya Sabha within months of his retirement while Justice Ashok Bhushan was appointed the Chairman of the National Company Law Appellate Tribunal shortly after his retirement.
These judges might not have given judgments with the lure of a future office in mind but their acceptance of offices does give rise to the suspicion about them and their conduct.
Shakespeare in his famous play Julius Caesar said that Ceaser’s wife must not only be above suspicion, she should also appear to be above suspicion. It is true for an important institution like the judiciary and judges must not only be above suspicion they should also appear to be beyond suspicion.
Supporters of the present government might point out that such appointments had been made in the past too by non-bjp governments. There is no denying the fact that this has happened in the past too but two wrongs don’t make one right. There are bad precedents but these do not justify the recent decisions.
While Justice Nazeer’s appointment has attracted criticism, there had been widespread condemnation of the acceptance of a Rajya Sabha seat by Justice Gogoi. His professional personal conduct had been under a shadow.
However after his acceptance of the nomination to Rajya Sabha Justice Gogoi had declared that he would like to contribute to the public cause through active participation in Rajya Sabha.
A recent report has exposed his stand. It shows that he has not asked even a single question since he took oath as the Rajya Sabha member. His attendance is also low at just about 30 per cent and he has not moved any Private Member’s Bill since his nomination about a year ago.
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