On December 7, 2012 a Bench of Justices Aftab Alam and Ranjana Desai sought details with respect to the appointment of Justice NV Ramana to the Andhra Pradesh High Court. The petition, which alleged t
I request Bar & Bench to please share the copy of the Writ Petition and the documents annexed to the same. This would enable all of us to know more about this matter and comment on this issue in a proper manner.
I believe that the outcome of this case would leave a moral impact not only to the incumbant aspirants coming to the H.Ct. or S.Ct. but also upon the collegium to be more stressful in its approach and decisions. Nevertheless, if mistakes can be undone as stated by the Ld. Sr.Councel, then every person responsible to any wrong, either knowingly or not, should be given opportunity to go make it correct.
This is serious inroads into the independence of the institution of the Judiciary itself. This sets a really bad precedent. If this petition can be heard under Article 32, there is no reason why one bench of a High Court can consider the appointment of another Judge of the same High Court or another High Court under Article 226.Worse still, the appointment of Judges of the Supreme Court can also be called into question then under 226 before the High Court.And will the Court issue notice to the judge concerned? After all natural justice has to be complied with. So will a High Court judge be called upon by the Supreme Court to defend his appointment?And in the scenario the floodgates are opened and the High Court considers validity of the appointment of Supreme Court Judges, will it be open for them to issue notice to the sitting Judge of the Supreme Court.Where are we going with this? It is in the interest of the independence of judiciary that the Court should not even consider this case beyond this point. There is a procedure prescribed under the Constitution by which a sitting Judge may be removed. The Court should advise the Petitioner to follow that.Hope good sense prevails or else the system will come to its knees. And the ones to be blamed would be the all pervasive, all mighty and all powerful Judiciary.
i didnt get it. If Jethmalani was law minister then, how can he argue against his own appointment. am i wrong
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