V-P may head panel to probe complaints against judges

But for last-minute glitches,Vice-President Hamid Ansari will head the proposed National Judicial Oversight Committee and receive...

But for last-minute glitches,Vice-President Hamid Ansari will head the proposed National Judicial Oversight Committee and receive all complaints against sitting judges of the Supreme Court and high courts once the Judicial Standards and Accountability Bill,2010 becomes a law.

Sources told The Indian Express that Union Law Minister M Veerappa Moily along with a senior officer of the Department of Law met Ansari last week to request him to head the proposed committee.

Ansari is learnt to have accepted. This means that one of the long-standing issues with regard to the proposed Judicial Standards and Accountability Bill has been taken care of and the Law Ministry is now free to introduce the Bill in the coming Budget Session of Parliament.

As first reported by The Indian Express,the proposed Oversight Committee would also comprise the Chief Justice of India CJI or any sitting Judge of the Supreme Court nominated by the CJI,a Chief Justice of a High Court nominated by the CJI and two distinguished jurists to be nominated by the President of India.

Under the proposed law,all complaints of corruption,irregularities or misbehaviour against sitting judges,including the CJI,would be first made to this committee,which would,within three months,refer the same to the respective Scrutiny Committee.

The government plan is to have separate Scrutiny Committees one for the Supreme Court and one for each of the high courts.

In case,the complaint is against the CJI,the Oversight Committee would examine the same itself and take a final call on whether it should be referred to the proposed investigation committee under the proposed law.

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To make the working of the Oversight Committee transparent and effective,the proposed law aims to bestow upon it all the powers as are enjoyed by a civil court.

These would empower the committee to summon witnesses or any other person and examine them on oath,record evidence,accept affidavits,etc.

The Oversight Committee would also have the authority to recommend withdrawal of all judicial work from the judge who is under investigation. Once the charges against the judge are proved but are not that serious so as to warrant his removal from service,the committee would have the authority to issue advisories or warning to him,withdraw judicial work or ask the judge to seek voluntary retirement.

If it is proved that the irregular action of the Judge should result in his removal from service,the Oversight Committee would be empowered to make a recommendation to the President in this regard.