The Kerala High Court recently dismissed a plea seeking the establishment of a two-judge bench of the Supreme Court in all the High Courts in the country to specifically hear the cases of the poor and the destitute.
The Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed the plea holding it was not inclined to grant the reliefs sought for apart from observing that the petitioner had raised serious allegations against the judiciary.
"Though the petitioner – party-in-person has alleged that some of the judges were hand in glove with the criminals and obtained post retirement postings, which allegations are very serious, having regard to the reliefs sought for, we are not inclined to advert to the same and no direction in the nature of mandamus as prayed for, can be granted."
The petition had urged for a Division Bench of the Apex Court in every High Court while seeking a direction to the Supreme Court Registrar General to take steps to place this plea before the Chief Justice of India.
Further, the petition also sought a direction to the Centre to take steps to increase the retirement age of judges of the Supreme Court, High Courts and all judicial officers to 75 years. It also sought a directive to the Centre to take steps to ensure that judicial officers do not accept any post in government after retirement.
According to the petitioner, who appeared as party in person, the Centre should make the retirement age of judicial officers 75 years, if necessary by amending the Constitution. He argued that an order should be passed directing judicial officers to refrain from accepting any post under the government or otherwise after their retirement from the service.
It was urged that such an order should remain in force till a statutory provision to that effect is made.
The petitioner submitted that the implementation of these prayers was necessary for crores of people in the country. He justified his locus standi citing that he is a victim of the non-implementation of these measures in the country.
The petition had also contended that Judges, who were hand in glove with the criminals in his cases, got post-retirement postings and that some other judges also indulged in nepotism and stood by the malice powers.
The petitioner further submitted that if it is ensured that the judiciary cannot be influenced, it would restore the faith of the people in the judiciary.
According to the petitioner, eliminating the chances of influencing the judges would make it completely independent and consequently, the democratic and secular nature of the country would also be strengthened.
Besides, by enhancing the retirement age of judges, substantial amount of public money can also be saved and the well being of the nation as whole can be increased, it was argued.
However, the Court was not convinced and the plea was thereby dismissed.
Case Title: Abdul Jaleel v. Cabinet Principal Secretary & Ors.
Citation: 2022 LiveLaw (Ker) 316