Thursday 13 August 2015

ADVERTISEMENT OF VACANCIES OF JUDGES OF THE SUPREME COURT AND HIGH COURTS

THE NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS
                                      (Regd.No.MH/MUM/1701/2015/GBBSD)
304, Hari Chambers, 3rd Floor, 54/68, S.B.S. Marg, Near Lion Gate, Fort Mumbai- 400 023
E-Mail: nlcfjtari@gmail.com,  mathewsjnedumpara@gmail.com
Cell # +91 9820 5354289 ,  022 22626634
Mathews J. Nedumpara
President
Mrs. Rohini M. Amin
Vice President     
 Mumbai
Ms. Sophia Pinto          Vice President
Bangalore
K. Lingaraja
Vice President Delhi
A. C. Philip
Vice president, Cochin
 Navaneetha Krishnan T
General Secretary


__ October, 2014


To

1)            Hon'ble Shri Narendra Modi,
            Prime Minister of India,
            New Delhi.

2)         Hon'ble Shri Justice H.L. Dattu,
Chief Justice of India,
Supreme Court of India,
New Delhi.

Also to:

3)         Hon'ble Shri Arun Jaitley,
            Finance Minister,
            Government of India,
            New Delhi.

4)         Hon'ble Shri Ravi Shankar Prasad,
            Minister for Law & Justice,
            Government of India,
            New Delhi.

5)         All Hon'ble Judges of the Supreme Court,

6)         Hon'ble Chairman,
            Law Commission of India,
14th Floor, Hindustan Times House
Kasturba Gandhi Marg,
New Delhi – 110 001

7)         Leader of Opposition,
9, Safdarjang Road,
New Delhi- 110 011.

8)         All Members of Parliament,

9)         The Press,

10)       The Public at large.



Hon'ble Sirs,

Sub:     Seeking audience with the Hon'ble Prime Minster to press for advertisement of vacancies of Judges of the Supreme Court and High Courts, and their open and transparent selection instead of the cabal system where Judges appoint themselves, video-recording of Court proceedings and introduction of a mechanism to address complaints of misconduct, corruption etc. against Judges.
                   


                        Since I have addressed the Hon'ble Prime Minister, the Hon'ble Chief Justice of India, the Hon'ble Union Law Minister and other constitutional dignitaries on the above subject umpteen times during the last more than five years and since our demands would certainly have come to their kind notice,       I believe I can well afford to be brief, so that the Hon'ble Prime Minister and the Hon'ble Chief Justice of India could personally go through this letter.

2.                     We, about 50 campaigners from different parts of the country, under the aegis of the National Lawyers Campaign for Judicial Transparency and Reforms and People’s Campaign for Judicial Transparency and Reforms, camped in Delhi for a week during August, 2014 and met Hon'ble Shri Justice R.M. Lodha, former Chief Justice of India, and Hon'ble Shri Ravi Shankar Prasad, the Union Law Minister.  Hon'ble Shri Justice Lodha in principle agreed to our demands.  His Lordship was fully aware of the fact that Judges-2 case and the collegium system of selection of Judges, an offspring of the judgments in Judges-2 and Judges-3 cases, has meant an end to the concept of diversity in judicial appointments.  Late Chief Minister of Kerala, E.M.S. Namboodiripad and Justice Krishna Iyer, and great men like them, had been complaining that even under the system where the executive had a final say in judicial appointments as was the case prior to 1994, there had been very little diversity and the Judges as a class constitute to be drawn out from the elite.  The demand from the public at large then was to bring an end to the elite occupying the seat of justice of superior Courts and to bring greater diversity and representation.

3.                     While matters stood thus, I must say with an apology and with utmost respect to Shri Fali S. Nariman, a Writ Petition was filed in the name of Supreme Court Advocates on Record Association and in the name of independence of judiciary, Constitution was torn into pieces and a collegium system where Judges appoint themselves was given birth to.  Bringing the Constitution (99th Amendment) Act, 2014 and the National Judicial Appointment Commission Act, 2014 was a step in the right direction, belated though, to undo the mischief caused by Judges-2 and Judges-3 cases.  Shri Fali Nariman, though acknowledged to be the greatest jurist of the day and a great human being, which I too endorse, unfortunate though, certainly not knowing the mischief and damage he has caused to the people of this country and the institution of judiciary, came forward, shockingly though, to oppose the aforesaid two Bills which intended to foster open and transparent selection of Judges.  We felt that Shri Fali Nariman coming in the open against the National Judicial Appointment Commission Bill, 2014 is a part of the clever strategy to make it appear that there is something seriously wrong with the said Bill; that the Government has sinister motive to control the judiciary; and that the independence of judiciary is at peril, while the legal fraternity at large across the breadth and width of the country, except a small minority of Narimans and Jethmalanis and the elite class of lawyers who are immensely benefited out of the current system of dispensation of justice where justice is delivered depending upon the so-called ‘face value’ of Harish Salves, Abhishek Singhvis et al.  A major Section among us felt that the Writ Petition by the Supreme Court Advocates on Record Association is only to please the Judges who have vested interest in the current system where they appoint themselves.  Otherwise, nobody whose sanity cannot be questioned has reason to opposite the National Judicial Appointment Commission Bill, 2014.  The reason is simple.  Out of the six members, three are the Chief Justice of India and two seniormost Judges of the Supreme Court.  There is only one representative of the Government, the Law Minister.  The two eminent persons to be part of the Commission are to be jointly selected by a Committee comprising the Prime Minister, Chief Justice of India and the Leader of the Opposition.  There is no representation for the lay people and the Commission contemplated is heavily loaded in favour of the judiciary.

4.                     We, the campaigners, recently happened to come across an order of the Supreme Court, a copy of which is annexed for ready reference, which directs a few ordinary citizens, who instituted a SLP and eventually lost, to pay a cost of Rs.1 crore.  The order says that 50% of the said amount should be paid to the Supreme Court Advocates on Record Association.  If ordinary people question the bona fides of the Supreme Court Advocates on Record Association pleading for the cause of the Judges to retain their power to appoint themselves, they cannot be blamed.  The ordinary people say that the Supreme Court Advocates on Record Association is an alter ego of the collegium, though I do not intend to say so.  We, in the last couple of months, have been on the difficult task of collecting data on the question as to what factors in the selection of Judges of the Supreme Court and High Courts.  The result is shocking.  Every single appointment since 1994, except a few, was on considerations other than merit.  I do not intend to say that all the Judges selected through the collegium system are not deserving.  On the contrary, many are exceptionally deserving.  But even in their cases, the appointment would not have taken place but for a Godfather.  The role of a Godfather is far truer where appointments were at a young age.  Dr. Justice D.Y. Chandrachud was appointed because of his father Justice Y.V. Chandrachud, a former Chief Justice of India.  Presently there are seven sitting Judges in the Bombay High Court who are sons of the same Court.  The data which we could collect is incomplete; the process is going on.  A copy of what we could collect so far is enclosed for ready reference.

5.                     We may be pardoned in asserting that innumerable sons and daughters of former Judges are on the Bench today.  This system cannot be allowed to continue even for a moment.  The Constitution (99th Amendment) Act, 2014 and the National Judicial Appointment Commission Act, 2014 alone will not afford the answer.  The answer to the present cabal system of appointment is to advertise the vacancies, invite applications from eligible candidates and references and recommendations from all stakeholders, including sitting and retired Judges, Bar Associations etc., short-listing of applications, references and recommendations, notification to the public at large names of those selected, and afford them an opportunity to raise their objections, if any, against a particular candidate.  The advertisement and open selection can be brought into immediate effect even without any piece of legislation.  All that is required is framing of appropriate guidelines by the Law Ministry in consultation with the Chief Justice of India, even the collegium, though a proper legislation on the subject would be more ideal.  Your Excellencies would have noticed that in this letter we have used strong expression, even given names of individuals, not without a reason.  We did not do so out of any illwill or malice, but there are occasions when there is a duty to speak, even while to do so will cause embarrassment and unpleasantness to the speaker.  I have written this letter as a whistleblower.  I know that I have displeased many and have invited their wrath and enmity, not that I wanted to cause any disaffection or pain to anyone I have named but because the cause which I highlight requires me to do so. 

6.                     I have the highest of faith in and the greatest of respect for the Hon'ble Prime Minister and the Hon'ble Chief Justice of India.  I am sure the Private Secretaries to Their Excellencies will bring this letter to their personal notice.  I part with the words of Victor Hugo, no army can stop an idea whose time has come.

                        With respectful regards,

                                                                   Yours sincerely,
Encl: Two, as above.                                     

         (Mathews J Nedumpara)

President

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