Appointment of judges not family property to be partitioned: Justice Kemal Pasha of Kerala HC

In his farewell address delivered today, retiring judge of the Kerala High Court Justice Kemal Pasha pointed out issues plaguing the judiciary, and made some pertinent observations regarding appointment of judges..Referring to certain unspecified “recent events”, Justice Pasha said that the glory of the Kerala High Court had been diminished in light of the same. He stated,.“The said incidents have tarnished the image of this institution and it has lowered its reputation in the estimation of the right thinking members of the public. Judges will not be the loosers; the Bar will be the ultimate looser (sic).”.Recently, the Kerala High Court had dismissed a petition challenging the High Court Collegium’s recommendation of five lawyers for elevation to the Bench. These recommendations were challenged on the ground that the lawyers were kith and kin of the sitting and former judges of the High Court and a judge of the Supreme Court. The petition was eventually dismissed by a single judge Bench of Justice Shaji P Chaly..It is unclear as to whether Justice Kemal’s remarks were made in the background of this case. Attempts to reach the former judge for comment on the same did not bear fruit..In his speech, Justice Pasha went on to say that he had learnt from the media that certain names from the Bar were recommended for elevation. Questioning the suitability of the recomendees, the judge said,.“If the names given by the media are correct, I can very well say that most of the judges of this Court including me have no good fortune to see even the faces of some of those persons. Is it good for the judiciary?”.The judge went on to reveal his thoughts on appointment of judges to the higher judiciary..“Appointment of judges is not a family property of someone to be partitioned. I do not believe that judgeship should be allotted to each and every religion, caste or sub caste…To pick and choose some persons who are not at all competent to be judges and to recommend them for elevation will point fingers towards the system…”.Further, Justice Pasha also gave his two cents on the topic of judges taking up post-retirement jobs..“Government is the major litigant before the courts of law, especially before the High Court. When a judge is expecting a post retirement job from the government, normally he will be in a position not to invite displeasure from the Government; at least in the year of his retirement…”.Justice Pasha agreed with the stances of former Chief Justices of India SH Kapadia and TS Thakur, who suggested that judges ought not to accept post-retirement jobs under the government at least for a period of three years after retirement..Concluding his speech, Pasha J went on to thank the Bar, the High Court staff, the Kerala Judicial Academy and his family for their support. Signing off, he said,.“…I have nothing to hide. I used to speak openly. When the king is naked, I consider that there must be somebody to say that the king is naked…I am leaving with malice to none, and charity for all.”.Justice Pasha enrolled as an advocate and started practice in 1979. He was Appointed as Second Additional District and Sessions Judge, Ernakulam in 1995. He went on to serve as Additional District and Sessions Judge at Kottayam, Principal District and Sessions Judge at Thrissur and as Principal District and Sessions Judge and STAT at Ernakulam. He was made Registrar General of the High Court in 2012..He was later appointed as an additional judge of the Kerala High Court in January 2013, and as a permanent judge with effect from June 30, 2014..Read Justice Pasha’s speech: