Dear Pradeep K P ji, Use of RTI is absolutely right and need to be supported by everyone in this country. Have you ever thought why this gentleman is taking pain to unveil the illegal practices of CJI and insisting for fair selection? Very simple answer would be "he wants 'competent' personnel on Judges' seat" and which is a genuine wish. You would also agree that selection process shall be fair and transparent.
We all know that corrupt and incompetent have grabbed such positions in past. Here issue is that SC panel is proceeding with the collegium based selection process. Whereby, it can be construed that CJI is not honoring the recommendations approved by parliament regarding the selection of the Judges earlier this year. They have recommended 'scrapping of the present procedure for appointment of judges.' Here are some relevant quotes; * The 21.0 para of the 'approved' recommendation of 34th report on the High Court and Supreme Court Judges (salaries and Conditions of Service) amendment bill, 2008 reads as " 21.0. The Committee has received lots of memoranda's from various Individuals/Organisation/Stakeholders wherein they have highlighted the issue of performance based salary structure, Accountability, corruption and other related issues. The Committee appreciates the concern shown by citizen's and recommends to the Government to immediately address issues appointing a Judicial Commission for the appointment of Judges of the High Court and Supreme Court, like increasing the age of Judges of High Court, revision of court fees in civil and criminal cases, Benches of Supreme Court, fill up the vacancies of Judges, pending cases, reference procedure recommended by the Committee in its 21st, 26th & 28th Reports etc other reports to improve and strengthen the entire judicial system in the country". * The parliament committee headed by Dr. E.M. Sudarsana Natchiappan, Rajya Sabha M.P. and comprising of more than 30 Members of Parliament have gone through the issues raised by the general public regarding accountability and selection process of the Judges. The Dr. E.M. Sudarsana Natchiappan committee in clear terms asked to scrap the present selection process and immediately calls for appointment of a Judicial Commission for the appointment of Judges of the High Court and Supreme Court. Needless to say that these recommendations have been approved by the parliament. So, the process initiated by CJI for selection of 5 judges is purley illegal. I have also noted the concern regarding honoring the SC Judgment on selection of Judges. Please be informed that the CJI who passed the said judgment, has stated in a press conference, that collegium based selection process needs to be changed. Even law commission has also recommended the same. Here are few items, from various papers, for your ready reference; * The 230th Report of the Law Commission also recommended 'disbanding of the present Collegium system'. It said when an advocate was elevated as a judge in the HC in which he had been practising for a long time, it gives rise to an unholy phenomenon of "Uncle Judge", as he has so many relatives practising there. In turn, these relatives appear to stand a better chance for elevation, the commission said and recommended against appointment of such advocates as judges in the same HC where they practised. In terming the Collegium system as faulty, the commission said every HC Chief Justice was from outside the state as a policy and this was a handicap for him to be able to provide details to the Collegium about the antecedents of local advocates or district judges for elevation to the HC as a judge. * Even the Ex-CJI and SC Judges support the thought to change the collegium based system. A news published in Indian Express dated 9th Jan 2009 captioned as "Collegium system can be changed: Ex-CJIs" reads as "New Delhi As voices opposing the present collegium-based system for appointing judges reach a higher pitch, two former Chief Justices of India have said that a rethink or a modification in the appointment process could be considered, if problems were being faced. The collegium system involves a panel of judges headed by the CJI which selects the judges. It has been in place for over a decade and in recent years it has started drawing flak for being a closed system in which the judiciary selects its own judges. Former CJI J S Verma, who created the collegium system with his 30-page judgement in 1993, said he had always said that some kind of modification can be made, if needed. But he maintained that there is nothing wrong with the system "if properly worked," as it was created to replace nepotism and arbitrariness in the system in which judges were appointed by the Executive. "It all depends on the people who work it (collegium system)...they can spoil even the best of systems," said ex-CJI J S Verma. He said the collegium system was applauded when it was introduced and it worked well for years. "It is only now that problems are being faced... (in that case) some kind of modifications can be made," he said. While ex-CJI V N Khare backed exploring the possibility of involving the Executive in judicial postings, ex-CJI A M Ahmadi favoured having a system which is "workable," including a possible reversion to the pre-collegium mechanism as there have been concerns in some quarters over the effectiveness of the existing system. "One possible modification in the existing collegium system that can be considered is that of involving one or two persons nominated by the President or the Prime Minister in the selection process, along with the CJI and four senior-most judges (who are part of the collegium)," said Khare. In an apparent reference to the recent controversy over the differences between the Prime Minister and the CJI over appointment of three HC judges as SC judges, he said having a representative of the Executive would help place the viewpoint of the former before the collegium. It may also help coordinate in situations where the Prime Minister is on a foreign visit so that things could be firmed up when he returns, he indicated. "Also, the Supreme Court does not have an agency for inquiry (conducted before a candidate is appointed as a judge). The IB or the CBI are under the Executive so... (there seems to be a possibility) of involving its representatives," the former CJI said. Ahmadi had opposed the creation of the collegium system by writing a dissenting judgement in which he said it was like rewriting the Constitution. He pointed to concerns in certain sections and media that the existing collegium system has not worked itself. "How the CJI manages the system is important," he said. "When we talk about a rethink on a system, it is important to know which system will replace it and will be workable...otherwise we should go back (to the pre-1993 arrangement)," former CJI Ahmadi said. This limitation of the collegium regarding inquiring into the antecedents of a judicial candidate, as highlighted by Khare, has even been highlighted by the Law Commission. According to Law Minister H R Bhardwaj, who is studying the Commission's proposal recommending modifying the present system, the collegium system has "failed and the CJI should have primacy in such matters". Khare's views on a role for the Executive in judicial appointments were also reflected in a recent report of the parliamentary standing committee on Law and Justice. "The Committee has already addressed the issue of appointment, accountability and transparency in appointment of judges of Supreme Court and High Courts...and impressed upon the Government to take necessary steps in restoring the pre-1993 arrangement by involving the Executive," said the committee headed by Rajya Sabha member E M S Natchiappan. The Law Commission has also recommended to the Centre to pass a law to restore the primacy of CJI and the power of the Executive in judicial appointments. The Law Commission had, suo motu, studied the law on the subject, various recommendations of Parliament Standing Committees and the law of foreign jurisdiction like the US, Australia, Canada and Kenya where the executive is the sole authority to appoint the judges or the executive appoints them in consultation with the Chief Justice of the country. Commission chairman Justice A R Lakshmanan observed that the judges constituting the collegium - a panel headed by CJI - are not conversant with the names and antecedents of the candidates for judicial posts and more often than not, appointments suffer due to lack of adequate information. To counter this shortcoming, the Commission recommended two alternatives to the government. One, seek reconsideration of Supreme Court's three judgements related to judicial appointment before the apex court. Two, pass a law for restoring the primacy of the CJI and the power of the executive to make the appointments, Lakshmanan said. Importantly, the Commission has no statutory backing and 57 if its over 215 reports given to the government are still to be implemented. The Law Commission also touched upon issues related to the lack of information with the Collegium on the candidates which it considers for appointment. The Commission's report said "...In every HC, the Chief Justice is from outside the state as per the policy of the government. The senior-most judges who form the collegium are also from outside the state. "The resultant position is that the judges constituting the collegium are not conversant with the names and antecedents of the candidates. More often than not, appointments suffer from lack of adequate information," it said." It is evident that every one, including MPs, Judges and public, is supporting to scrap/change the present selection process and the same has also been approved by the Lok sabha and Rajya Sabha. In view of above, we need to stop the CJI from selecting the SC Judges through a collegium system and ask the govt to intiate the selection through a competitive process. Bhushan _____ From: Virag [mailto:[email protected]] Sent: Sunday, September 06, 2009 8:00 PM To: Sukant Bhattacharya Cc: pradeep kp; Save Indian Family (SIF); sif-bengal; [email protected]; Gokul P.R; [email protected]; [email protected]; swarup sarkar; [email protected]; Bhushan Kumar; Bhushan Kumar; Srinivas Rao; [email protected]; [email protected]; kumar jahgirdar; Jogeshwar Mahanta; Hon'ble Chief Justice of India Mr K G Balakrishanan; [email protected] Subject: Re: [rti_india] RTI Application for information of ILLEGAL selection of supreme court judges. Sukant, Do not worry, this is nothing but insecurity of Pradeep. RTI only brings out truth and truth cannot be misused. Moreover, about Supreme Court being the highest body, no where it has been said that highest bodies do not need accountability and transparency. RTI only facilitates truth coming out. So RTI can never be misused. This is only corrupt people are fearing exposure. On Sun, Sep 6, 2009 at 11:01 AM, Sukant Bhattacharya <[email protected]> wrote: Dear Mr. Pradeep K.P., As a citizen of a democratic country I do not agree with your view. It is strange and surprising that you could observe the RTI application of Mr.. Gurmeet Singh. But there are several instances I personally know where law has been misused by government machinary like POLICE and by blatantly misguiding Court and filing false affidavit interim order has been taken by a wife. I also personally know a incident where Hon'ble Supreme Court has given STAY on a matter on a batantly and factually false petition to a wife and the father is still deprived of his child. Similarly POLICE has implicated a person fabricating documents and where the matter has already been settled by Hon'ble High Court in a manner and police fabricated documents at a later date. Now the person is running from pillar to post to get justice. Is LAW of this country only for WIFE? or husbands too can expect justice from Hon'ble Supreme Court of India. We all are qualified and tax paying citizens who have never ever indulged in any criminal act. I personally take opportunity to EXPOSE a nexus of High Level involvement of Police Officers in implicating a person in a blatantly false case by fabricating documents/ evidence. Despite best efforts the Commissioner of Police level Authority is not even initiating any action against the Police personnel. Now the question is if Police implicates somebody in blatantly false case and the person apprehends fear of life what is the option when he cannot even visit that city. And the person is not getting any justice from any forum due to jurisdiction. I am open and willing to provide hardcore evidence of misuse of 498a and DV by POLICE, provided Hon'ble Supreme Court initiates action. My current e-mail can be treated as a petition. Let Hon'ble Supreme Court set an example that LAW is equal for everyone and POLICE certainly doesn't have more authority than Court or they are also punishable.. I volunteer myself to provide PROOF if Hon'ble Supreme Court can initiate action. This will atleast ensure that there is no misuse of law in future by law abuser. Through RTI Act atleast citizens can ask the authorities so what is the harm in questioning? Every citizen has right to know whether the person sitting on chair is capable of delivering only Judgement or can provide Justice also? Regards, Sukant Bhattacharya --- On Fri, 4/9/09, pradeep kp <[email protected]> wrote: From: pradeep kp <[email protected]> Subject: Re: [rti_india] RTI Application for information of ILLEGAL selection of supreme court judges. To: [email protected], [email protected] Cc: "'Hon'ble Chief Justice of India Mr K G Balakrishanan'" <[email protected]>, "'Sukant Bhattacharya'" <[email protected]>, [email protected] Date: Friday, 4 September, 2009, 6:01 AM Dear Members I have gone through the subject matter of the RTI Application filed by Mr. Gurmeet Singh. I must say this is the best example for misuse of RTI. We all know Supreme Court being the Highest Court in the Country we should honour its Judgments on Judges appointment. As per the provisions of the Constitution, of course the Parliament is the law making body. We should remember, our constitutional makers equally identified the importance of Supreme Court in law making process as Article 141 mandates honouring of law declared by the Court. We have judgments on power of SC to appointment of Judges. Lastly in the presidential reference case, the SC declared the law and that become final. For keeping the independence of judiciary as a reality, no one will support appointment of judges by a political body under the pressure of political groups, as done in earlier. I have a strong feeling that we should condemn the RTI application filed by Mr. Gurmeet Singh, as it is unnecessary and misuse of his right under RTI. PRADEEP K.P. Advocate & Government Pleader (Taxes) O/o the Advocate General, Kerala High Court of Kerala- Ernakulam 09446462003 - 09446402003 [email protected] <http://in.mc594.mail.yahoo.com/mc/[email protected]> [email protected] <http://in.mc594.mail.yahoo.com/mc/[email protected]> --- On Thu, 9/3/09, Bhushan Kumar <[email protected]> wrote: From: Bhushan Kumar <[email protected]> Subject: [rti_india] RTI Application for information of ILLEGAL selection of supreme court judges. To: [email protected], [email protected] Cc: "'Hon'ble Chief Justice of India Mr K G Balakrishanan'" <[email protected]>, "'Sukant Bhattacharya'" <[email protected]>, [email protected] Date: Thursday, September 3, 2009, 10:33 PM RTI MATTER/ Most Urgent September 2, 2009 To The Public Information Officer, O/o the President of India, New Delhi Subject: Request for information within 48 hours as per section 7 (1) of the RTI Act. References: 1. 34th report on the High Court and Supreme Court Judges (salaries and Conditions of Service) amendment bill, 2008 prepared by the parliament committee headed by Dr. E.M. S. Natchiappan, Rajya Sabha M.P. and subsequently passed by Parliament of India. 2. Five new vacancies of Supreme Court judges created recently. 3. Selection of five Supreme Court judges through collegium based system. Dear Sir, It has been in newspapers that SC panel is proceeding with the collegium based selection process for filling the newly created five positions. Whereas, the parliament committee headed by Dr. E.M. Sudarsana Natchiappan, Rajya Sabha M.P., recommended 'scrapping of the present procedure for appointment of judges' and the same was subsequently approved by Parliament of India on 18th February 2009. So, it appears that CJI is not honoring the recommendations approved by parliament regarding the selection of the Judges earlier this year. Please provide the complete information (scope and definition of 'information' is same as given in RTI act 2005) in respect of the following; 1. Information pertaining to the on-going collegium based selection of five new Supreme Court Judges 2. Information pertaining to the reason as why Chief Justice of India is not honoring / adhering to the recommendations passed by Parliament. 3. Information pertaining to the hasty action in the selecting the judges prior to appointment of Judicial Commission as per the recommendation passed by Parliament. 4. Copies of the letters or petitions or any submissions received for stopping the Chief Justice headed collegiums from making the selection of supreme court judges. 5. Information pertaining to appointment of Judicial Commission as parliament's recommendations. Please supply this information with 48 hours because wrong selection of Judge poses a threat to life and Liberty. So, this information would require response as per section 7(1) of RTI act. Please supply the requested information in CD diskette as per the RTI act. The requisite fee of 10/- is attached in the shape of IPO with this application. I will be very thankful to you. Yours Truly, Gurmeet Singh #14/6, Third floor, West Patel Nagar, New Delhi - 08 011-25883286 PS: IPO of Rs.10/- towards application fee will follow through post. _____ See the Web's breaking stories, chosen by people like you. Check out Yahoo! Buzz <http://in.rd. yahoo.com/ tagline_buzz_ 1/*http:/ <http://in.rd.yahoo.com/tagline_buzz_1/*http:/in.buzz.yahoo.com/> in.buzz.yahoo. com/> . [Non-text portions of this message have been removed] _____ Love Cricket? Check out live scores, photos, video highlights and more. Click here <http://in.rd.yahoo.com/tagline_cricket_2/*http:/cricket.yahoo.com> . -- Thanks & Regards Virag Bangalore Reality is merely an illusion, albeit a very persistent one. <http://bit.ly/L7b4M> Sent from Karnataka, India [Non-text portions of this message have been removed]
