GHCAA President Asim Pandya pens open letter to “pro-government judges”

President of the Gujarat High Court Advocates Association (GHCAA) Asim Pandya has written an open letter to “pro-government judges”, asking them to uphold the Constitution as opposed to supporting the dispensation.

In the letter, Pandya seeks to remind the judges of the expectations of the common man. He points out that allegations of corruption against members of the higher judiciary have become everyday news, a trend that has saddened the entire legal fraternity and the general public alike.

“For the common men, this is the only institution of their hopes and aspiration which has so far safeguarded their life, liberties, and other fundamental rights and secure the rule of law in our nation. But gradually this last bastion of their hopes has in the last few years to a large extent failed to provide any succour to common men…”

He further notes that favouritism and nepotism in the higher judiciary has been a factor not only during the current dispensation’s rule, but also during previous regimes.

“The trend of judges taking pro-government stance in certain important cases or to fall in line with the political philosophy of the ruling party is gradually increasing…The judiciary has in most of such cases when brought before it preferred to remain a mute umpire and failed to lift the ugly veil of “law and order or public order” or “public interest”.”

He goes on to urge these judges to,

“…shun such a mind-set and uphold the Constitution of India without fear or favour or ill-will, in consonance with the oath taken by them at the time of entering office…”

At a time when Justice Jayant Patel’s recent resignation caused a furore amongst the legal fraternity, Pandya states in the letter,

“Looking to the certain decisions of the Supreme Court collegium in last couple of years of by-passing seniority of some judges in the matter of their elevation to the post of Chief Justice of High Court or a puisne judge of the Supreme Court of India, continuing some high court judges as Additional Judges for more than four years…transferring some judges more than once and not implementing the declared transfer, it is felt by large number of members of the legal fraternity that the superior courts…tend to have degraded their stature…to obey the commands of the party in power…to gain pre or post-retirement positions.”

Pandya has in the past been a first-hand observer of the opaqueness characteristic of judicial appointments. In 2009, the recommendation for his elevation to the Gujarat High Court had been rejected without any reasons being assigned for the same.

Read the letter: