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This is an archive article published on April 3, 2012

Ex-CJI expresses reservations on Judicial Accountability Bill

Provisions of bill which deals with complaints against SC,HC judges made him a little uncomfortable.

A former Chief Justice of India expressed reservations about two key provisions of a bill which deals with complaints against judges of the Supreme Court and high courts,saying it made him feel “a little uncomfortable”.

Referring to the Judicial Standards and Accountability Bill passed in the Lok Sabha last week,Justice J S Verma said going by news reports,he felt “a little uncomfortable” about certain provisions mentioned in the legislation.

“…if there is a provision in the Judicial Standards and Accountability Bill to treat it as judicial misconduct certain observations made by a judge,who is going to decide that…it is very difficult,” Justice Verma said.

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According to the revised bill,no judge should make oral comments (not part of the written judgement) against other Constitutional authorities and individuals.

The bill,introduced in December,2010,was brought to the Lower House with fresh amendments in December last year after it was scrutinised by a Parliamentary Committee.

“…that the judges should not comment on that is perfectly alright. But then who is going to decide which observation amounts to judicial conduct. I think that is a matter which requires more reflection,” the former CJI said.

Law Minister Salman Khurshid and Home Minister P Chidambaram were present when Justice Verma made these remarks at the launch of selected speeches and writings of former CJI Justice P N Bhagwati by Vice-President Hamid Ansari.

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He said another provision of the bill which “disturbs” him is the one on ‘minor punishment’.

“Now how can anyone who has a case before a judge who has been censured and it has been made public,has confidence in the judgement he is going to get?” said Justice Verma.

He said when he was part of the Bench,senior judges used to call the “brother judge” to tell that something was wrong.

“Can’t we do something which can remain in house,” he said.

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