Collegium overlooked proof against judge, say experts

The process of elevating judges to the Supreme Court should be done carefully and be more transparent, legal experts have said.

Damning the Supreme Court collegium for recommending the promotion of Karnataka high court chief justice PD Dinakaran to the highest court, former law minister Shanti Bhushan said, “While only justice Dinakaran can be blamed for being the hugely corrupt judge he has turned out to be, one can’t overlook the fault of the collegium for failing to conduct extensive enquiries about him.”

The Centre too “failed to act decisively” against the collegium’s decision. “The government should have said a terse ‘no’ to the proposed elevation. Unfortunately, the government and the collegium waited for a watchdog of legal experts to point out what was already evident. This delay harmed the judiciary’s image,” said senior lawyer Colin Gonsalves.

Bhushan agrees. “Had the collegium shown more care and concern before making the decision and sought feedback about justice Dinakaran from the bar associations of Chennai and Bangalore, this humiliation of the judiciary could have been avoided,” he said.

While Bhushan and Gonsalves agree Dinakaran’s “is a perfect case for impeachment”, Gonsalves finds the procedure “inadequate”. “The failed impeachment proceedings against V Ramaswamy (1993) are a case in point. There is no guarantee that MPs wouldn’t protect a guilty person. An objective solution is needed and it can only be done through a professionally functioning ethical body,” said Gonsalves.

NJC needed

Legal luminaries have been demanding the setting up of a National Judicial Commission (NJC) to appoint judges. “The NJC should be a five-member body. SC would appoint the NJC chairman, one member would be chosen by all chief justices of high courts. One member each should be nominated by the Centre, the leader of opposition and the SC Bar,” said Bhushan.