Judges’ Bill debate divides legal minds

Speaking at a seminar organised by the Bar Association of India to discuss the Bill,legal luminaries were almost united in their criticism of former CJIs K G Balakrishnan and Y K Sabharwal for alleged indiscretions.

Asserting that if judiciary crumbles,democracy would be at peril,former CJI Verma sought to highlight what he called ‘omissions’ of the proposed Bill,stating that the fear of contempt of court for speaking truth should no more be there. He suggested the Bill must have a provision to ensure that post-retirement conduct of the judges does not undermine the office that they had held.

Senior lawyer and constitutional expert Fali S Nariman opposed the proposed Bill stating that it would be “counter productive”. Calling for the repeal of the Judges Protection Act of 1985,he said if was far better to catch the bad eggs in the judicial basket when they retire.

Countering Nariman’s argument,senior lawyer P P Rao asked,“What do you catch after retirement?” He called for incorporating a provision wherein a judge can be put out of work or suspended,if serious charges sufficient to warrant an inquiry are made against him.

Criticising the proposed Bill for the tedious procedures,senior lawyer Prashant Bhushan said the proposed legislation would be of no use. He advocated the need to set up a five-member independent Judicial Complaints Commission.