Appointment of High Court Judges and the Transparency in Such Appointments A short cut rich phenomenon is the culture of Indians

    Appointment of High Court Judges and the Transparency in Such Appointments

                           A short cut rich phenomenon is the culture of Indians. The immemorial Chapter of the slavery to rest of the people on the cost of the comfort of one individual leading to betrayal with society has lead to us for the dreaded slavery. We have been carve out in an atmosphere of upbringing our youth on the slogan of nepotism, favoritism and corruption to the extend that if by hook and crook, one may start committing the day light robbery of the people for accumulation of wealth, the other associated citizen in the society will salute him for his money power and corruption. We have no respect for honest person. Only the opportunists, with few exceptions, are holding the constitutional post in our nation. It is a hierarchical truth of many dynasties, which ruled our Nation with ruthless abrogation of means and subjugation to the privilege of common citizen. Why the son of the shoe maker is known as Chamar, even if adores the highest position in the District. The son of the priest is the Brahmin, although he is manufacturing the shoe at his shop. This is a privilege oriented society. At our time, when the son of the judge, or the close relative thereof, or rather the son of the associated senior collogue with the individual empowers to recommend the name get an opportunity for elevation as the judge, he remain silent spectator by naming it as divine virtues in the process of elevation, but when he feels isolated in the process of evaluation of the law, than he started posing himself more authentic amongst his surroundings. As in the public life, only those who have the experience adhere with them in the process of advancement of research, they take the leap in the process of shining amongst others. Than he lost his potential and starts displaying the cynical disrespect in dealing with cases by passing the cryptic  orders. This is the worst impact seen by the members of the public living in the society. It became an irrational classification within the class of the Advocates practicing at high court and Supreme Court. I know the names of some of the Judges, so elevated, who were having no potentials to stand on their own legs, but remained dependents upon the support of the crutches of their father, designated as Senior Counsel, that after their elevation as the judge of high Court, they preferred to have their chair different from the traditional chair or reposed a super authority with themselves while dealing with the contempt matter posted before them. These judges avoids public meeting and inside the court room, seldom deals with arguments. This is the transgression of the discretionary power vested with the superior authority in the matter of selection on the constitutional posts.All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished. A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner.          Justice destroyed destroys its destroyer; and justice preserved, preserves its preserver.  Hence, never destroy justice, lest being destroyed, it should destroy thee.           In this world justice or righteousness alone is man’s friend that goes with him after death.  All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off. When injustice is done in the government court out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice, the second by the witness, the third by the judges, and the fourth by the president king of an unjust court. In my childhood, my teacher taught it to me in the classroom that “What ever you do; Do with your might; that is the way to be healthy, wealthy, and wise”. Subsequently, there after my father told me just few months before his death when I completed my 18 years of age that “Thou thy path be dark as sky; There is a star, thy path to guide, So trust in god and do the right “.   THE ALLAHABAD  High  Court  has directed the counsel for the High Court  to produce the report of a committee, comprising three judges of this court, which made a recommendation to the Collegiums to appoint  Dr. Justice Satish Chandra as a judge of the court .         A division bench of the court issued this directive while hearing a writ petition challenging the appointment of Dr. Justice Chandra as a judge of the High Court.The bench passed  this order, when the counsel for the High Court informed it that the High Court had declined  to produce the committee’s  report for perusal of the bench even in a sealed cover, despite the understanding that the report would not be made public. The  division bench , comprising  Justice Sushil Harkauli and Justice Vikram Nath, while  taking a serious note of this refusal, observed,” We are unable to  comprehend any plausible reasons for this unusual  stand taken by the High Court. Therefore , having regard to the need to maintain public confidence in this institution, particularly in the present times, we have little option except to pass this order, directing that the report be produced before this court on September 25, 2008.The court made it clear that if the High Court proposes to  claim privilege or  raise any other objection to the production of the report, it will be open to the High Court  to do so, but in writing by way of an application. If such an application is moved on or before September 25, it will not be necessary for the High Court  to produce the committee’s report unless those objections are heard and disposed of , the court  further said.       Earlier, during the course of the hearing, the court had on September 10, directed that  the record of the collegium proceedings relating to the recommendation regarding Justice Dr. Chandra’s elevation as  a judge of this court be produced before the court in a sealed cover for the court’s perusal. The collegium , consists of the Chief Justice and two senior most judges, who recommend the names of persons to be appointed as judges of the High Court.On September 12, the collegium proceedings were  produced before the court. A perusal of the recommendation made by the collegium indicated that the recommendation of the persons proposed to be elevated from ‘service’, including Dr. Justice Satish Chandra, was made by the collegium on the recommendation of  a committee of three judges.           On this, the court directed that the report of the three judge committee be produced before the court in a sealed cover.          However,  when on September 17, the counsel for the High Court said the High Court had declined to produce the committee’s report, the court passed the present order.    High Lawyer M.C. Gupta, through Senior Advocate Ravi Kiran Jain, has challenged the appointment of Dr. Justice Satish Chandra as judge of this High Court on the ground that he lacked essential qualifications for the appointment, as well as lack of effective consultation between  the  constitutional functionaries  whose consultation is mandatory under Article 217 of the Constitution  of India.        According to the petitioner, Dr. Justice Chandra  does not have ten years’  of legal practice, nor is he a member of judicial services, which are essential for being appointed as a judge of the High Court.