The Hindu : National : Commission to deal with 'errant judges' mooted

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Saturday, Oct 16, 2004

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National

Commission to deal with 'errant judges' mooted

By J. Venkatesan

NEW DELHI, OCT. 15. The Committee on Judicial Accountability has suggested the setting up of a National Judicial Commission to deal with "errant judges" effectively and for the appointment, transfer and removal of High Court and Supreme Court judges.

Addressing a press conference, the members of the committee, Shanthi Bhushan, Ram Jethmalani, Prashant Bhushan and others, said initially the Executive had primacy in the appointment of judges, and later the Judiciary. However, both methods had failed to yield the desired results. Therefore, the only way was to set up a National Judicial Commission, which could deal with appointment, transfer and removal of judges and ensure judicial accountability.

They said the in-house procedure evolved by the judiciary to deal with errant judges had failed to be an effective mechanism and hence only a proper legislation could go into all these issues.

They alleged that the growing corruption within the judiciary had been recognised by the highest within the judiciary and the executive. "This has been accentuated by the absence of any credible and effective mechanism to secure the accountability of the super judiciary. The process of impeachment has completely failed and increasingly the power of contempt has been used to gag the media to prevent public discussion of judicial wrongdoing," they said.

They urged the Chief Justice of India, R.C. Lahoti, to probe the allegations levelled by 350 lawyers against the Chief Justice of the Madras High Court, B. Subhashan Reddy.

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