New Delhi, two high court chief Justices were elevated in the Supreme Court, despite the strong dissatisfaction for the recommendations of the collegium of Justice BV Nagar.
Justice Oka responded to a question by Senior Advocate Indira Jaising, which was at the launch of the book “Supreme Court in 75”, edited by the former Chief Justice of Muralidhar of the Orissa High Court.
ZIJING asked the panel, including Justice Muralidhar and Oka and political scientist Gopal Guru, who works in “privacy” about the functioning of the collegium and at one time “wanted to know the criteria to select India’s future Chief Justice”, when the Supreme Court’s Soap Woman Judge has an dissatisfaction.
“This question is a matter of great concern, but I am saying that we have to define what transparency is. You are right in saying that when a judge has dissolved, we should know what is dissatisfaction – nothing is wrong in this. You can be justified in criticizing why this dissatisfaction is not in public domain,” said Oka.
Oka explained that if the collegium’s ideas and minutes are uploaded in the public domain, it can affect the privacy of the lawyers who have agreed to consider by the collegium.
“If the collegium considers 10 or 15 lawyers, 10 of which are considered and five cannot be recommended, then are we not worried about the privacy of those who voluntarily agreed? They have to go back and practice,” he said.
The former Chief Justice of the Karnataka High Court said that once these cases are part of the public domain, the salary of the last three years of these persons becomes public.
“So we have to balance it with privacy,” he said.
On 25 August, a five -member collegium led by CJI Br Gavai recommended the names of Chief Justice of Bombay High Court Alok Arade and Justice Pancholi.
If appointed, Pancholi will be in queue to become CJI after the retirement of Justice Joymalya Bagchi in October 2031.
Sources said Nagrathana opposed the recommendation of Pancholi, citing relatively low seniority, questioned his transfer from Gujarat to Patna High Court in July 2023, and worried about regional imbalance in the representation of the Supreme Court.
He said that the transfer was “not regular” but a decision to be considered carefully after comprehensive consultation. Justice Oka said that the reason behind dissatisfaction should be known.
“And about disagreement, I agree, we have to know why it is dissatisfaction. We need to think a lot about it because there are many professionals and opposition about it. Some believe that we believe that we have complete resolution in public domains, it brings about transparency.
He said, “But transparency should be in the process that is adopted by the High Court Collegium for the government. But the issue needs to be debated and I am happy that you have started that debate,” he said.
The book published by Jugaranut is a compilation of essays and interviews with the choice of former Judge Ajit Prakash Shah of Delhi’s High Court Ajit Prakash Shah, legal scholars Faizan Mustafa and Upendra Baksi, senior advocate Vrinda Grover, Nitya Ramakrishnan and Indira Jazing, and former Supari Court Madan’s choice.
The limit of authors offers an important discovery of the developed role of the Supreme Court and is working with an objective “Efforts to promote meaningful dialogues and fulfill their legitimacy by trying to fulfill the constitutional promise of equal and fair justice.
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