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Kerala High Court in the last week by former CJIs Kapa - the wealth of experience Justice of India have recently been
of May. These appointments, which dia, Lodha and Thakur and insight of retired burnt by Odisha Lawyers. Today, the
took place within a short span of assumes relevance. Justice judges is wasted is also lawyers of Odisha High Court Bar
the retirements of the three judges, Lodha had stated that he not ideal. There has to be have burnt the effigies, tomorrow
have raised quite a few eyebrows. would not take any post- a mechanism to chan - the Lawyers of entire country will
The immediate appointments retirement benefit for a nelise the potential of re- start doing it and the day is not far
suggest that decisions regarding period of two years after tired judges back into the when the general public, common-
their post-retirement assignments retirement. The first Law system. At present, most men will toe the line. These are
had already been taken, at least in Commission in Independ- statutory commissions matters of serious concern. Before
principle. ent India, headed by M and tribunals require to be blaming or controlling the Bar,
Justice B. Kemal Pasha, who re- C Setalvad, had recom - headed by retired judges our judges will have to introspect
tired as a judge of the Kerala High mended that judges of the of the Supreme Court or themselves.
Court earlier this year and raised higher judiciary should High Courts. The Constitu- The traditional litigations, for
dust with his controversial remarks not accept any govern - tion does not specifically which the courts are made, are be-
in his farewell speech, spoke against ment job after retirement. bar judges from taking up ing ignored, most of the Judges have
this practice as well and said that Such judges must not for- any post-retirement as- no interest in such cases and the
“When a judge is expecting a post- get that their conduct even signment. Article 124 of the result is that in these cases poor
retirement job from the govern- post-retirement was cru- Constitution says that “no and common litigants are rejected
cial to preserve people’s person who has held office mercilessly. The resolution said that
faith in the judiciary, it had as a judge of the Supreme
said. An amendment to the Court shall plead or act in
Justice Jasti Constitution can be done any court or before any Three recent
Chelameswar had by incorporating a provi- authority within the terri- appointments
sion similar to Articles 148
tory of India.” Then Article
earlier made a or 319. A special law can 220 bars High Court judges have reopened the
statement that he also be passed by Parlia- from pleading before “any debate on
authority in India except
ment prohibiting retired
would not accept judges from taking up any the Supreme Court and the the propriety
any government appointment for two years. other High Courts.” How- of judges
ever, there have been sug-
assignment after Startling figures gestions that there should accepting post-
retirement and he According to a study done be a minimum cooling-off retirement
period between retire -
by the legal think tank,
has stood by his Vidhi Centre for Legal ment and a new assign- jobs from the
Policy, as many as 70 of
ment to prevent conflict
statement over 100 retired Supreme of interest. These posts are government
Court judges have taken generally constitutional
up such assignments in sions even four months ahead of After his superannuation at the or of quasi-judicial bodies,
ment, normally he will be in a posi- organizations like the National Hu- retirement, as for instance Justice age of 62, A Selvam took off to his whose laws more often than not major time of courts is wasted on
tion not to invite displeasure from man Rights Commission, National Dalveer Bhandari. He was due to native Pulankurichi in Tiruppat- mandate that only retired judges media-popular matters with which
the government at least in the year Consumer Disputes Redressal retire on September 30, 2012, but tur Taluk of Sivaganga district, to can occupy them. 99 per cent of citizens of our coun-
of his retirement. There is a com- Commission, Armed Forces Tribu- resigned some five months earlier pursue agriculture. He came The Bar Council of India meeting try have no concern at all. It appears
mon complaint that such judges do nal, Law Commission of India etc. after being elected as a judge of the from an agricultural family that openly discussed and opined that that most of our Judges are far-far
not dare to invite displeasure from It could be that several laws man- International Court of Justice, based has been growing crops for around some powerful people, sitting in the away from the ground realities and
the government by expecting post- date the appointment of judges in in The Hague. Likewise, four months 100 years and took to it after Government, (which is the largest the public opinion over the social is-
retirement jobs”. He also recalled certain positions. The report finds before Justice Mukundakam Shar- retirement. Retired in April 2018, the litigant), have been controlling our sues. Orders are being passed, Laws
the words of Justice S.H. Kapadia that 56% of all the appointments ma retired on 18 September 2011, former judge is now tilling his five- judges by giving them assurances to are being laid down against all sorts
and Justice T.S. Thakur that no judge studied were made because the he was cleared for appointment as acre ancestral field in Pulankurichi. keep them engaged after the super- of set social and religious values and
should accept any salaried job un- law required it, implying a struc- chairman of the Vansadhara Water He reportedly pointed out that annuation. And since the Bar is sup- norms. Need a serious debate?
der any government at least for a tural problem. Dispute Tribunal. “agriculture gives me true happi- posed to be the voice of the people,
cooling period of three years from Since 1950, there have been 44 ness I am doing agriculture on my the judiciary is being used to throt- *Charanjit Ahuja is Editor, Tehelka &
his or her retirement. Chief Justices of India who have Setting benchmarks land here and getting a good har- tle and shut its mouth. YK Kalia is a practicing Advocate at
The suggestion regarding a accepted post-retirement jobs. In Recently videos of (Retd) Justice vest. It feels great to be in the midst But one should see the result! Punjab and Haryana High Court
“cooling off” period for appoint- some cases, Supreme Court judges A Selvam ploughing a field on a of nature.” For the first time in the history of
ment of retired judges as mooted have been appointed to commis- tractor went viral on social media. At the same time, to ensure that the nation, the effigies of our Chief LETTERS@TEHELKA.COM

TEHELKA / 31 OCTOBER 2018 24 WWW.TEHELKA.COM TEHELKA / 31 OCTOBER 2018 25 WWW.TEHELKA.COM

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