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9.1.11

'Transparency in judicial appointments needed'

Activist lawyer Prashant Bhushan¸ a dogged campaigner of the civil liberties movement, on Saturday strongly advocated a mass movement in the country to mount pressure on the ruling government to introduce reforms in the existing system of appointing judges to the Supreme Court and High Court.

Firebrand Bhushan voiced his concern regarding the alleged growing corruption in the judiciary and names of senior judges being dragged into controversies. The senior activist, whose initiative resulted in exposing the 2G scam, addressed the audience at the Vinoba Vichar Kendra on the first day of two-day 3rd national conference of the Indian Association of People's Lawyer (IAPL).

"There is more arbitrariness in the appointment process of judges. The rules too are not clear," said Bhushan during his speech. He pointed out that prior to the early 1990s, judges were appointed by the President in consultation with the chief justice of India. "There is a five-judge collegiums committee that appoints judges," said Bhushan.

Several socio-legal activists and members of IAPL were present at the conference. Former Bombay High Court judge H Suresh, Advocates Maharukh Adenwalla, Babasaheb Narnaware, Sudha Bhardwaj and others too were present. IAPL President PA Sebastian and his Nagpur counterpart Anil Kale made the inaugural speeches.

Bhushan's elaborate thoughts on improving the level of transparency in judicial appointments and views regarding raising the standard of dispensation of justice certainly elevated IAPL's image from a body of lawyers who fought for their clients engaged in challenging government authority to an organisation that champions the cause of commoners.

Continuing his tirade against the judiciary, Bhushan raised doubts regarding aspects like efficiency, integrity, judicial temperament and regard for the constitution. "They often depend on the reports from IB (Intelligence Bureau) to adjudge the background of the judges before the appointments. Such reports cannot be trusted," said Bhushan.

Keeping his criticism aside, Bhushan lauded the sincere efforts of some of the senior judges. "They are not many in number though," said Bhushan who is still fighting a contempt charge in Supreme Court for his outbursts against the judiciary.

Bhushan expressed his grievances against the judicial system, which according to him lacks adequate checks and balances. "Except the impeachment procedure, there is little we can opt for in case of malpractices by a judge. We cannot file an FIR against a senior judge. Where is the provision to pull up someone from the higher level of judiciary who is involved in wrong-doing?" said Bhushan.

"The parliament is the only place where, through the impeachment process, we can initiate action against corrupt judges. We need strong public opinion and mass movement to attract the attention of the parliament. A collective effort by citizens can bring about such action," said Bhushan.

He opted to keep the citizens' initiative ahead of the proposed Judicial Standard and Accountability Bill and Lokpal Bill to bring about the desired improvement in the country's judicial network.
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