Controversy is not new to judicial appointments in the country. But this time it has become murkier with the lawyers’ body of Gujarat High Court openly protesting against the arbitrary manner of appointments made by the Supreme Court collegium, and accusing it of overlooking seniority, merit and integrity while choosing judges for the apex court of the land.
The resolution prepared by the Gujarat High Court Advocates’ Association (GHAA), the only lawyers’ body of the HC comprising over 1,200 lawyers, has been sent to the office of the President of India.
The resolution dated February 22, 2013 is signed by GHAA General Secretary Ashok V Prajapati. It states: “The GHAA hereby protests the fact that even a collegium of five Honourable Judges of the Honourable Supreme Court has overlooked the seniority, acute legal competence, honesty, dedication, and steadfastness of his lordship the Honourable Chief Justice of Gujarat High Court Justice Bhaskar Bhattacharya.”
The decision was arrived at an extraordinary general meeting of the entire association convened on Febraury 22.
It further said: “The association bemoans the negative impact on the administration of justice, when persons with such sterling qualities, who have served the cause of justice with impeccable character and acumen, are superseded.”
When The Pioneer contacted the office of the GHAA, its general secretary refused to speak on the issue.
“It is an in-house proceeding. I cannot disclose anything at this stage,” he said.
However, he confirmed that such a resolution was passed and a copy of it was forwarded to the President of India.
Interestingly, the office of the President of India has also received similar representations raising questions over the selection of judges by the Supreme Court collegiums. One such representation sent by the All-India legal Aid Forum with its registered office in New lawyers Chamber of the Supreme Court states that Justice Brain Ghost, Chief Justice of Uttarakhand HC has been superseded despite being the senior most among the High Court Chief Justices.
The representation also made mention of Justice Bhattacharya being similarly superseded and went on to state: “This type of superseding is not only destroying the Indian judicial system, but also destroying the morality and dignity of the judiciary of this country.”