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This is an archive article published on October 20, 2002

Ex-Punjab Chief Justice to SC: Act on judges I named in the PPSC scam

As the Chief Justice of India, Justice B N Kirpal, begins his last fortnight in the Supreme Court on Monday, he’s got a second wake-up ...

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As the Chief Justice of India, Justice B N Kirpal, begins his last fortnight in the Supreme Court on Monday, he’s got a second wake-up call, this time louder and clearer, from former Chief Justice of the Punjab and Haryana High Court Justice A B Saharya: act against the three judges ‘‘tainted’’ in the Punjab Public Service Commission scam or else the credibility of the judiciary is at stake.

Three weeks before he retired, on August 26 Saharya submitted his report to Justice Kirpal who had asked him in May to conduct a ‘‘discreet inquiry’’ into reports ‘‘casting aspersions’’ on High Court judges in the PPSC scam.

On September 14, The Sunday Express had reported how he had withdrawn work from the three judges but had to restore it back to them saying that keeping them out would be ‘‘counter-productive.’’ For, there was ‘‘no certainty of the time-frame and the outcome of any such action.’’

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Now, in an exclusive interview to The Sunday Express, Saharya has said: ‘‘I am satisfied that the evidence that has emerged in the report warrants action. It will be in the interest of the credibility of the institution if appropriate action is taken.’’

More so since this is the first reported instance of the ‘‘in-house mechanism’’ adopted by the Supreme Court in 1995 to enforce judicial accountability.

Saharya had indicted Justice Amar Bir Singh Gill and Justice M L Singhal for the favours they allegedly sought from the then PPSC chairman, R P S Sidhu, for the selection of their daughters and Justice Mehtab Singh Gill for his involvement in Sidhu’s operations.

Asked about the delay on Justice Kirpal’s part to take action on his report, Saharya said: ‘‘The whole matter is now in the hands of the Chief Justice of India. The documents appended to my report are bulky. But the report provides an analysis of the documents and their appraisal…If the report is accepted, the CJI has a range of options.’’ When asked if this option included asking the judges to go, Saharya responded with an emphatic yes.

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He said the greatest challenge he faced while conducting his inquiry was ‘‘the resort to falsehood’’ by the three judges in question. He referred, in particular, to Justice Mehtab Singh Gill who initially denied any association with Sidhu.

Saharya said that it was only after he showed him evidence of his links with Sidhu was Mehtab Singh Gill ‘‘forced to change his stand.’’

How could those judges lie to their own chief? ‘‘They perhaps thought that there are no ways and means available with the chief justice to find out the truth,’’ Saharya said, adding: ‘‘Surely, how to find out facts is the first lesson I learnt as a lawyer.”

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