Hyderabad: The national executive of Akhil Bharatiya Adhivakta Parishad (ABAP) passed a resolution demanding accountability and transparency in the appointment of judges and their functioning. The body adopted the resolution in view of the recent incident of a cash stash found in the residence of a Delhi high court judge.
Explaining the important aspects of the resolution, K Srinivas Murthy, senior advocate, Andhra Pradesh high court & president, ABAP, said that new legislation must be brought to ensure that the process of appointment and overseeing judicial conduct is done more transparently while taking care to see that the judiciary will have a major say in this process.
Until this legislation becomes effective, the present process of appointment to the higher judiciary through collegiums may continue, while bringing in more transparency, including pre-consideration checks, etc.
In addition, a permanent committee must be formed forthwith by the Supreme Court with former Chief Justices of India and Chief Justices of high courts, along with eminent persons, to deal with accountability (including the conduct of courts) of the present incumbents in office.
“The Bengaluru Declaration for accountability made at the conference of judges must be put into practice in a transparent, verifiable manner through this permanent mechanism. High Court judges may be put on notice for transfer if their family members or close relatives practice within the jurisdiction of the respective high court or subordinate courts within that state,” he said.
Further, if it pertains to a Supreme Court judge, that particular family member may not practice in the Supreme Court until that judge retires, and a post-retirement cooling period of three years must be adhered to for post-retirement appointments and arbitrations, if necessary, by amending the relevant statutes, Murthy said.
ABAP also demanded that future appointments to both the Supreme Court and high courts may be subject to the same retirement age and that the assets of judges of high courts and the Supreme Court and their immediate family members may be uploaded every year on the websites of the respective courts.
They also demanded that every high court must have one-third of judges from other HCs, a process which was introduced and implemented to some extent during the tenure of Justice MN Venkatachalaiah.