In a representation addressed to President Pranab Mukherjee, the Youth Bar Association of India (YBAI) has demanded transfer of Judges to High Courts where they have not regularly practiced as Advocates.
The representation, made by Mr. Sanpreet Singh Ajmani, President of the YBAI, has also been addressed to PM Modi, Union Law Minister Ravi Shankar Prasad and Members of Parliament.
Warning against the “dastardly results” of appointment of former Advocates as Judges in Courts where they have practiced for years, the representation states, “It is very unfortunate and rather discriminatory that the Judges of the Subordinate Courts and even the Police Constable, is not allowed to hold the office in his home district or even adjoining to his/her home district and they are transferred on regular intervals but the High Court Judges have been allowed to hold the office in the same High Court, where they practiced for several years, having good clientage, juniors, friends, kith and kin as well as rivals. The juniors and associates of some of the elevated judges are adopting all unfair means, which may be verified by analysing the judicial orders passed in the cases, in which they are appearing. This system needs to be immediately reviewed, otherwise there would be dastardly results and people will lose faith in the judicial system of our country.”
This suggestion, it says, was placed before the Constitutional Bench of the Supreme Court examining the NJAC as well, but was not given due consideration by it.
The representation further states that the “high value, sanctity, image, repute and goodwill of the Indian Judiciary has been diminished by the recent Justice Karnan Case and Disclosure of corruption by the sitting CJI and senior judges of the Hon'ble Apex Court etc. by the former Chief Minster Mr. Pul in his suicide note.”
It, therefore, demands a mechanism to periodically check the performance, conduct and judicial pronouncement of the High Court Judges, as well as to punish the erring lot. “This is high time for the present Government to take strict measures, in order to ensure faith of the public in the judicial system of our country,” the Association appeals.