Katju controversy gives impetus to Centre’s plan for judicial commission
The Centre on Tuesday put former Prime Minister Manmohan Singh in the dock on allegation levelled by former Supreme Court judge Markandey Katju that three former CJIs made “improper compromises” to grant extensions to a “corrupt” Additional Judge of the Madras High Court. The controversy has strengthened the Government case to press for setting up of National Judicial Commission for making appointments of judges.
The Government told the lok Sabha that in 2003 the Supreme Court collegium had decided not to take up the case of the judge under cloud but reversed it following “a clarification” from the Prime Minister’s Office (PMO) under the UPA regime and a note from the then law Ministry.
Speaking on the raging controversy over the appointment of a high court judge in Tamil Nadu allegedly under pressure from the PMO under the UPA rule, law Minister Ravishankar Prasad said there is need to improve the system of judges’ appointment.
The law Minister said his Government was “quite keen” to appoint a National Judicial Commission for making such appointments.
Replying to queries from AIADMK members in the lok Sabha, Prasad said in 2003 the collegium had “certain reservations” and had made some enquiries and decided that the case of this judge should not be taken up.
But later during the UPA rule, a clarification was sought by the PMO as to why he should not be recommended. The collegium again said he should not have been recommended at all.
Prasad said subsequent to this the Justice Department of the law Ministry wrote a note to the collegium following which the SC said that his case can be considered for some extension, Prasad said, adding the matter stood there thereafter. On his part, Manmohan Singh said he has nothing to say as former law Minister HR Bhardwaj has already clarified the issue.
Bharadwaj earlier insisted that no “undue favours” were given to the judge because proper procedure was followed. “So far as political threat to a coalition Government is concerned, there was always pressure (from allies) on appointment of judges which I never yielded,” he said.
Prasad said the judge has since retired and was no more now. The judges of the collegium have also retired. Quoting Supreme Court’s observation in Shanti Bhushan case, he remarked the “clock cannot be put back”.
At one point, Congress leader Mallikarjun Kharge raised a point of order that there was a restriction on discussion on judiciary and judges in Parliament.
To this, the law Minister said, “I am not making any observation on the conduct of a judge.” Kharge objected over the matter being raised again contending the Speaker had already given the ruling on it Tuesday.
Speaker Sumitra Mahajan, however, observed that she only ruled that no point of order could be raised during Zero Hour, but the matter could be raised in another form with new inputs. Bothe Houses of Parliament witnessed disruption of proceedings with members wanting details of the issue.
“Name the DMK Minister at the Centre,” shouted agitated AIADMK members who stormed the Well of the lok Sabha as they were not satisfied with the response given by Prasad, forcing two adjournments of the House.
The Rajya Sabha too saw disruption on the issue with AIADMK and DMK members clashing on the matter when it assembled for the day leading to a brief adjournment.
Joining the issue, the BJP asked former Prime Minister and the Congress to answer allegations of “improper compromises” by three CJIs during the UPA rule, saying the matter was “unfortunate”.
“Former Prime Minister Manmohan Singh and the Congress should come forward and answer the allegations of how different constitutional bodies, including the judiciary, were misused for political reasons. It is unfortunate and a matter of serious concern,” BJP vice-president Mukhtar Abbas Naqvi said.
He said the Congress and corruption “are made for each other” and the “jugglery” of judicial appointments made by the UPA is another example of how the Congress “misused” constitutional bodies.