The Government’s move to implement guidelines issued by the Law Ministry for judges who go abroad on their private visits has got very strong reactions from the judges so much so that the Delhi High Court has stayed the implementation of the circular.

However, there are certain legal experts who are supporting the Government’s move to implement this circular.

The whole issue started when the Law Ministry issued the circular on February 15 laying down an 11-point comprehensive set of guidelines and instructions for compliance by the Chief Justice of India (CJI) and judges of the Supreme Court and High Courts.

The guidelines clearly provide that every proposal of private foreign visit by a judge has to be sent to the Law Ministry for approval via the CJI or the Chief Justice of High Court concerned.

According to the guideline, the approval of leave for private foreign visits shall, however, continue to be obtained from the concerned authority. The complete proposal along with application for private foreign visits of the judges, at their own expenses, for obtaining the approval of the competent authority may be forwarded so as to reach the department of justice at least 15 days prior to the commencement of the visit.

“During private foreign private visits, the judges may not accept any hospitality from any foreign government/organisation. Foreign Contribution Regulation Act (FCRA) clearance is needed in case hospitality extended by any foreign national/citizen/organisation is accepted,” as per the guidelines.

Staying the implementation of the circular, a bench headed by Justice Pradeep Nandrajog has pulled up the government for its “over enthusiastic” behaviour and trashed most guidelines for visits abroad by judges. The Court has sought an explanation from the Government on the memorandum by July 14.

 The Court’s direction came on an application filed by a lawyer who claimed that the executive should not intrude upon the independence of the judiciary and impose unreasonable restrictions in the name of guidelines.

Recently retired Justice S.N. Dhingra told DNA, “These guidelines are a welcome step and is need of the hour. This will not only maintain standard of judiciary but also adds more transparency in the existing system”.

Dhingra cited one example where last year six judges of the Delhi High Court went to US for a seminar on Intellectual Property Right (IPR) and enjoyed all hospitality of Microsoft, which is unfair and against the professional ethics.

Agreeing with Dhingra, former law minister Shanti Bhushan said, “These guidelines are must for maintaining standard and integrity of our judicial system”.

Condemning the application moved by advocate against the law ministry’s notification, Dhingra told DNA, “The application was motivated by judges only. These are sponsored petitions with hidden agendas”.

The Court observed that the 11-point guidelines made for the Supreme Court and High Court judges including the CJI have no grounds and need to be quashed.

The Court amused with these guidelines has raised several questions seeking a reply by the Law Ministry. While on a private foreign trip, does a judge of the Supreme Court or High Court have no choice except “politely refuse” a cup of coffee offered by a foreign judge, a sandwich offered by a friendly co-passenger? Is there a “competent authority” in the central government who will approve private visits of judges? Does the government have a “charitable fund” to meet any shortfall on the committed trip expenditure?

According to HT, last year 28 judges of high courts and the Supreme Court sought permission to undertake official foreign visits. In two cases, the government had asked the concerned judges not to undertake the foreign visits.

The Ministry in a bid to regulate the official foreign trips of judges of the Supreme Court and high courts had come out with these guidelines which now seem to have become a controversial issue between the judges and the Government.