Underground elements may come into system due to delay in appointment of judges: ex-SC judge

Hegde said in almost all high courts, pending vacancy of judges is 50 per cent.

By: PTI | Hyderabad | Published:October 29, 2016 3:58 pm
appointment of judges, judicial appointment, Santosh Hegde, SC judiciary comments, SC news, India news, latest news, indian express Retired SC judge N Santosh Hegde. (File Photo)

Sharing Chief Justice of India T S Thakur’s concern over “delay” in appointment of judges, retired Supreme Court Judge N Santosh Hegde Saturday warned that it may lead to “all types of systems” like underground elements coming to fore for “settling” disputes. Hegde said in almost all high courts, pending vacancy of judges is 50 per cent. “As it is, there is a delay of 10 to 15 years (in disposing of cases). What will happen in the days to come? People will lose faith in the system,” he told PTI.

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“Once people lose faith in the system then all types of systems will come into existence, underground people would say they would settle the dispute, recovery of bad loans, ‘goondas’ (goons) go and take over and do so called ‘justice’,” he said.

In a scathing attack, the Supreme Court Friday said the government can not bring the judiciary to a “grinding halt” by not appointing high court judges despite the recommendations of its collegium long ago.

The government has, however, insisted that it has increased the sanctioned strength of high court judges from 906 to 1,079 and there has been no abnormal increase in the vacancies in the high courts under NDA rule.

Hegde, a former Solicitor General of India, said if the government is not agreeable to some names, they can send them back to the collegium citing reasons and the collegium would then consider it and “if it (collegium) says it (names) should be done (approved), the government is bound to accept it”.

“They (government) are now harping on MoP (Memorandum of Procedure) or something, not yet drafted. All that cannot be an excuse for the purpose of filling up of vacancies. As it is, the lot of delay is causing problems to litigants,” he said.

“It takes 10 to 15 years in the first court, second court and third court and then Supreme Court (to dispose of cases),” Hedge pointed out, adding, “by the time finality (judgement comes) is reached, people are tired of the whole exercise.”

“They (Supreme Court and government) should sit together and thrash out the problem,” he said, adding the Chief Justice had sent the names to the government three to four months back.

He said Allahabad High Court has 60 per cent vacancies, and Karnataka HC has 50 per cent.

“No high court in the country has full strength. How do you expect justice delivery to go on early? That’s the expectation of all litigants,” asked Hegde.

Taking into consideration the urgency because of the number of vacancies and consequential delay in disposal of cases, government should take some steps to at least clear pending names, asserted Hegde.

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  1. V
    Oct 29, 2016 at 1:52 pm
    Judges are behaving as if they are a parallel system. Can these judges make it public how many days in the year tbey work? The allowances and free holidays these judges take on taxoayers money? Why are these judges scared on making it pubkuc how the appointments of judges are being done?
    1. M
      Oct 29, 2016 at 2:37 pm
      The reason why BJP wants pliable judges is that when all corruption and scams happening in BJP regime come out, they want judges who will not do a commendable job as they did in the case of coal and telecom scam.
      1. B
        b khosla
        Oct 29, 2016 at 1:44 pm
        BJP wants judges with Hindutva orientation Judges certainly not secular Judges.
        1. C
          Colonel Tyagi
          Oct 29, 2016 at 5:47 pm
          How about advising the SC judges not to have underground meetings to select fellow judges and make the process fair and transparent? Why are so many corrupt elements becoming judges now-a-days? Check out youtube for stings on corrupt HC and other court judges. The corruption in judiciary has reached a ridiculously high levels. Its shameful that the CJI has lost moral right and can't ert himself and weeps in front of the public.
          1. G
            Oct 29, 2016 at 2:58 pm
            The legal system in India is corrupt and incempetent. It takes decades to convict anybody and even if that happens a convenient higher court judge can always be found to stay or vacate the judgment. If anybody is involved in a scam, our current legal system is perfect.
            1. A
              Amit Kumar
              Oct 30, 2016 at 7:31 am
              I searched on youtube and found only one sting of "corrupt judge" from Odisha. Search returned unexpected things like "people" beating up a Lokayukta judge in public in M.P. (most likely these are the self-proclaimed nationalist elements) and politicians beating up poor persons in public.
              1. K
                Oct 29, 2016 at 1:51 pm
                certainly , 50% vacancy is not created by BJP govenment. What did you do when congress was in power? Problem with judiciary is it is not transparent in appointments. Relatives of judges getting the post whether they ate qualified or not. System must be transparent before making any accusation.
                1. D
                  Devisahai Meena
                  Oct 30, 2016 at 1:44 am
                  (Present) GoI is all in one i.e Legislature , Executive and Judiciary too. Wait for mid-2019 to come .
                  1. N
                    Nata Rajan
                    Oct 31, 2016 at 2:29 am
                    Modi wants people who subscribe to the terrorist ideology of Sangh parivar to become judges.
                    1. R
                      rajan Karunakaran
                      Oct 29, 2016 at 2:55 pm
                      The delay in appointing higher judiciary is caused in consequence of the SC Judgement nullifying law ped by Parliament and subsequent acts in the part of S.C and Union Government. Underground elements had been already there since may years,Please donot mislead the people with respect to the well known personality.
                      1. R
                        Ram Pathak
                        Oct 29, 2016 at 2:40 pm
                        Santosh Hedge is another Katju of judicial extroverts. Why he is not advising CJI
                        1. S
                          Santanu Roy
                          Oct 29, 2016 at 10:52 pm
                          In our consutional scheme of governance sovereignty is located in the consution andlt;br/gt;consution is what judges tell us what it is.Our Parliament is not a sovereign body the waylt;br/gt;British Parliament is.Executive should not squabble with judiciary just because judiciary hadlt;br/gt;struck down the NJAC act.Legislature should bring an act that is acceptable to the judiciary.Tilllt;br/gt;then the present system of appointment of judges should continue.Barring an over-jealous NGTlt;br/gt;our judiciary has functioned brilliantly under the aegis of some of the best minds,this countrylt;br/gt;has produced
                          1. S
                            Oct 29, 2016 at 5:44 pm
                            Yes he made the cardinal mistake of touching an important BJP leader, No BJP leader can be corrupt or capable of crime. In fact even those who were believed to be criminals become saints when they join the BJP.
                            1. S
                              Oct 30, 2016 at 9:54 am
                              You forget the fear factor. Who is willing to give evidence against a powerful person who can destroy a person, his future and his family. What happened to the police constable who was the main witness in the Salman Khan Hit-n-run case. Ravindra Patil died a very sad death and not one person (including those who criticise the system and the judiciary) stood by him.
                              1. X
                                Oct 29, 2016 at 2:04 pm
                                BJP wants RSS to settle all disputes. It wants to dissolve all courts. Appoint RSS shakas as courts.
                                1. S
                                  Shyamal Ganguly
                                  Oct 29, 2016 at 2:33 pm
                                  You are a CONGI Cronie. Lick Rahul.
                                  1. D
                                    Dr. Nath
                                    Oct 29, 2016 at 2:56 pm
                                    Carryout a survey and people of India will affirm whether there is full faith/partial faith in judiciaryor out of consutional compulsion, go to judiciary against will [when there is no choice] and respect judiciary out of fear or love/natural respect not for fear. Why the judges ets, wealth or cash etc are not made fully transperant [they being citizen of this country and born in the geneti pool of India.
                                    1. S
                                      S. Gowrishankar,
                                      Oct 29, 2016 at 3:45 pm
                                      Mr. Hegde, it is your fault. The current system of appointing judges is flawed and the stupid supreme court does not want to realize this AND YOU WERE PART OF THIS MAFIA. There is no need for underground elements to come to the fore. The supreme court itself is one strong underground operated mafia. Otherwise how the father and the son become supreme court judges? Take your case. How did you become supreme court judge? You occupied the same office as that of your father. So you want to perpetuate this silly system of underground operations conducted to appoint sons and relatives as judges? Sorry. The people of India know better than you. Your counseling is not needed. You can support AAP as you used to do before which is a rowdy organization. Please continue to do that and stop advising on the appointment of judges. The people and the government know very well on what to do. WE DO NOT NEED THE ADVISE OF EITHER THE SUPREME COURT OR ITS JUDGES OR RETIRED JUDGES. A BIG THANKS.
                                      1. L
                                        Oct 29, 2016 at 10:40 pm
                                        The delay in the appointment of judges is much prefferable than appointing corrupt judges recommended by the 'thoroughly corrupt ' collegeum.
                                        1. S
                                          Sumeet Sinha
                                          Oct 29, 2016 at 2:44 pm
                                          Mr Hegde keeping aside your integrity, it seems comaraderie nepotism is taking precedence over free, fair and democratic selection of judges. You are fearing that hegemony of judges in selection of judges will be over once the proposed selection by committee by government has its way. Not expected from you. Mind it nepotism is far worse than corruption.
                                          1. R
                                            Oct 29, 2016 at 5:42 pm
                                            Also strong Lokpal Bill is yet to be ped. But Anna is sitting silent doing bhakti.
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