Govt uses ‘adverse’ IB reports to reject names of 6 former judges for tribunals, commissions

Two ex-Supreme Court judges, two High Court Chief Justices are among those rejected by ACC

Written by Maneesh Chhibber | New Delhi | Updated: April 21, 2017 7:39 am
supreme court, supreme court jurisdiction, judicial diktats, enforcement of decrees, npas, non performing assets, Article 142, indian constitution, india news, latest news The Supreme Court. (File Photo)

ARGUING over the Memorandum of Procedure, the Supreme Court has refused to agree to a Government veto on a judge’s appointment on grounds of national security. But as the faceoff continues, the Centre has used “secret” inputs provided by the Intelligence Bureau (IB) to block post-retirement assignments to former judges. The Indian Express has learnt that over the last few months, citing “adverse IB reports,” the Centre has rejected the candidature of six former judges for posting as chairpersons or members of tribunals and commissions.

The six include: two judges who recently retired from the Supreme Court; two who retired as Chief Justices of High Courts; and two former HC judges.

These judges, it is learnt, were recommended by the judiciary for appointments to panels that include Telecom Disputes Settlement and Appellate Tribunal, Competition Appellate Tribunal, National Consumer Disputes Redressal Commission, National Company Law Tribunal and Armed Forces Tribunal.

The judges’ names were sent for approval to the Appointments Committee of the Cabinet (ACC) after due diligence by the administrative ministry concerned.

While four former judges were not cleared for the job by the ACC on grounds of “adverse IB reports,” two other names were sent back by the ACC without ascribing any reason.

In the case of two of the nominees — both retired High Court judges — the fact that there was an “adverse” IB report about them has been recorded on file by the Cabinet Secretariat, thereby ensuring that they aren’t likely to be considered for any post-retirement jobs in the government again.

In post-retirement appointments, the government is not rule-bound to accept the judiciary’s recommendation but has to provide sufficient grounds for turning it down.

Interestingly, in the case of one former Supreme Court judge, the government disregarded an “adverse IB input” and appointed him as member of a tribunal.

Sources said this rejection on the basis of IB reports, which contain little or virtually no corroborative evidence, is bound to make it harder for the Chief Justice of India to persuade retired judges to accept such posts.

“On what basis did the IB find a former judge of the Supreme Court of doubtful integrity? We aren’t talking about just anyone. It is about judges who have sat in the highest court of the land. I have seen many such IB reports when I was a member of the collegium and they are mostly based on hearsay. If the government is doing what you are telling me, then it is worrisome signal,” said a retired Chief Justice of India who didn’t wish to be named.

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  1. M
    MANIK
    Apr 24, 2017 at 6:22 pm
    Good. I am glad that Govt of India is smoking out unwanted, perhaps dangerous, people from the society. Such people may be from any strata of our society or even they might have held some important positions in the past. This alone cannot be the sufficient qualification. Why are we still obsessed with colonial period practices. Why do we look for always some judges to dabble in some highly technical matters. These chappies have no clue whatsoever. Appoint experts from the relevant fields and make their decisions appeal able in highers committees or panels of experts only. The decision of higher panel of experts should be final and binding upon the parties and make it beyond judiciary.
    Reply
    1. S
      Sankara Menon
      Apr 21, 2017 at 10:37 pm
      On retirement they should just go home.
      Reply
      1. S
        Sankara Menon
        Apr 21, 2017 at 10:36 pm
        It is time we did about this post retirement lolly scam. Same with arbitration. I will not recount instances. It is time these posts are given to young competent lawyers and not to old bandicoots borderline geriatrics
        Reply
        1. S
          Saketh GY
          Apr 21, 2017 at 10:27 pm
          Now a days judges are behaving like they are above law and nation..they must know their. Limits
          Reply
          1. S
            sanajy
            Apr 21, 2017 at 6:00 pm
            All me lords are pimps and they themsleves have proven it by long rope to anti national, but against ahmed forces ,open court at 2am for terrorists , decide height of Dahi Handi but rules out Ayodhya Temple case , the list is so long that to write them on clothes all me lords would become nude
            Reply
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              nagarajabillur
              Apr 21, 2017 at 5:01 pm
              Judiciary is not above board. A lot of judgements are suspect. Most of them are not cought with pants down only because law enforcing authorities fear dictatorial powers of judiciary. Such dictatorial powers are indeed required but some times they are abused. One such instance was that of famous Mysuru episode of a hotel. Media had to apologise for no fault of theirs. But judiciary did not accept responsibility for its weakness. Such dictatorial powers are abused. Look at the drama between ex Madras high court judge presently in Kolkata and even SC has no powers or not willing to go for the kill. People might have forgotten how Kapil Sibal argued in favour of Ramaswamy to save him from impeachment and parliamentary failure is only because Congress walked ou in favour of the judge.That impeachment was absolutely necessary. There are a few cases against judges too.
              Reply
              1. S
                S. Gowrishankar,
                Apr 21, 2017 at 4:05 pm
                The government is doing the correct job. The rogue judges, particularly the ones who retired as CJI must be taught a lesson and summarily rejected. Neither they were worth to be the CJI before nor are they suitable for any post retirement posting. THOSE JUDGES MUST BE SCORNED AND LEFT TO WANDER IN THE WILD. LET THEM GO TO .
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                  anil
                  Apr 21, 2017 at 3:36 pm
                  reporting on hearsay with malice and bad intentions and ....
                  Reply
                  1. M
                    mumbikar
                    Apr 21, 2017 at 3:15 pm
                    what the rss/bjp want is some uneducated, road side chaap sanghi to head important commissions and tribunals !!!! this the direction our country is heading in !!!! rss/bjp talk about integrity, but what integrity do they have ? modi and shah should be serving life sentences without parole for genocide !!!!
                    Reply
                    1. M
                      Mayasandra Varadarajan
                      Apr 21, 2017 at 4:29 pm
                      And what you want? Some ISIS member or Some Secular who shouts "INDIA HAM TUMHARA TUKUDA KARENGE" or those who supports such criminals to be made JUDGES? India will be better place without individuals like you.
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                    2. G
                      Gopal Verma
                      Apr 21, 2017 at 3:10 pm
                      This govt is the worst we ever had. Anyone who doesn't subscribe to their right wing ideology, becomes anti national, and then they can use words like 'IB reports, secret sources' to ensure such people don't get any decision making roles.
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                        ASHOK KUMAR
                        Apr 21, 2017 at 2:46 pm
                        Why Modi is not setting up Fast Track Courts for trial of MPs and MLAs against whom several criminal cases are pending and yet they are sitting in Parliament and enjoying freebies for years together.
                        Reply
                        1. R
                          Raghuveer Garg
                          Apr 21, 2017 at 2:31 pm
                          Any body who talks against BJP is anti-national. Slowly and steadily BJP/RSS followers are infiltrating the judiciary. If judges give verdicts backing the BJP Government, then they can expect post-retirement appointments. This Government is out to destroy democracy in the country!
                          Reply
                          1. R
                            Raghuveer Garg
                            Apr 21, 2017 at 2:27 pm
                            Any body who talks against BJP is anti-national. Slowly and steadily BJP/RSS followers are infiltrating the judiciary. If judges give verdicts backing the BJP Government, then they can expect post-retirement appointments. This Government is out to destroy democracy in the country!
                            Reply
                            1. M
                              MyTake
                              Apr 21, 2017 at 1:42 pm
                              Why need IB when you got I.E. that got access to everywhere and knows everything!
                              Reply
                              1. K
                                kg
                                Apr 21, 2017 at 11:50 am
                                In India if you have to get any post you need to go through fierce compe ion and exams whereas for becoming a judge all you need is a degree,then practice in a court for 10 years then a group of judges will appoint you as judge.You then become a judge and continue appointing others.Only a group of judges can remove you (which they never do).Imagine, what Congress had done using this system.When government talks about judicial reforms these judges don't let it happen.Only way to correct this system is changing the cons ution when govt gets required majority after next election.
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                                  gopal
                                  Apr 21, 2017 at 10:49 am
                                  IE is making it look as if it is a crime to deny post retirement jobs based on IBS findings. Many judges work at cross purposes. The famous Calcutta judge who gave judgement in 2G scam started working for the accused post retirement as legal consultant. In India judges never retire..they will be heading some tribunal or the other to maintain their status and to remain untouchables for a vast section of the society. Their feudal mindset is responsible for the common man sufferings
                                  Reply
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                                    Ob_Server
                                    Apr 21, 2017 at 10:23 am
                                    If you base your decisions on such criteria as "IB reports, which contain little or virtually no corroborative evidence", Narendra Modi should be serving 1044 consecutive life sentences for his sins of 2002.
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                                    1. P
                                      Parth Garg
                                      Apr 21, 2017 at 10:15 am
                                      It is time that the working of IB is subjected to a judicial scanner.
                                      Reply
                                      1. J
                                        Joseph R Stephen
                                        Apr 21, 2017 at 10:05 am
                                        What integrity MODI has? Anti India party BJP.
                                        Reply
                                        1. S
                                          Satavahana
                                          Apr 21, 2017 at 10:35 am
                                          Integrity? He is not Sikular like you. That is why people are voting for him and not you.
                                          Reply
                                          1. A
                                            ANAND
                                            Apr 21, 2017 at 2:25 pm
                                            GADDARON KI BHASHA MAT BOL BE ..MODIJI TERE GHAR KE SERVANT NAHI.. WO DESH KE PM HAIN....
                                            1. A
                                              ANAND
                                              Apr 21, 2017 at 2:26 pm
                                              YOU SECULAR DOG...MODIJI IS PM OF INDIA...GIVE HIM RESPECT...
                                              1. G
                                                Gopal Verma
                                                Apr 21, 2017 at 3:13 pm
                                                Haan , MOdi PM hai, uski respect karo? MMS kya chapdasi tha? tum sanghi goondon ne india ko afghanistan bana dena hai.
                                            2. P
                                              P MOHAN
                                              Apr 21, 2017 at 9:47 am
                                              sc court should not object to the govt action . sc judges should not try to give sops to judges who have adverse report. for even selection of judges ib or cid report should taken about their property not only the person and family members-how much before and how much they have now. only those person of of highly professional and uncompromising should be considered , when govt wanted to make single medical test for admission in all medical colleges private medical college file pe ion in sc and the judge dela verdict and day before he retired gave verdict for favor of private colleges who are minting money for admission. what it can be umed in this verdict ?
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                                                Kiran Prakash Gupta
                                                Apr 21, 2017 at 9:32 am
                                                The collegium should also evolve a method that it's recommendations may be transparent,otherwise people will loose faith in the judiciary.It is matter of great concern that the rule set by five judged cons ution bences of the apex court are violated and ignored by the subordinate courts where the judges are those appointed by the collegium itself.
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