If judges are denied elevation or transferred, how can they function without fear: Former SC judge Justice Kurian Joseph

Retired Supreme Court judge, Justice Kurian Joseph on Saturday deprecated the trend of judges being denied rightful elevations/ promotions or being transferred without adequate reasons, which has stifled them from discharge their duties fearlessly.

. If judges are denied their rightful due for not listening to "bosses", it will adversely affect the integrity of the judiciary, he said.

"There are four things on which judges take oath - I will deliver justice without fear, failure, affection or ill-will. Are judges today really in a position to deliver justice like this? If you are being denied for not listening to your bosses, or being transferred, is it not wrong," he asked.

Justice Joseph also said that the Bar is expected to defend the judges and be a watchdog instead of staying silent, but it has often not happened.

"When meritorious people are ignored for their rightful position or when they are being transferred for whatever reasons, where is this bar? The Bar according to me is the watch-dog. If there is a bar which stands in unity for the integrity, then there will be a good institution of judiciary. You cannot say they (the decision makers) made the selection ot transfer is their concern. You cannot close your eyes, wash your hands and stay mum. This is what I want to remind the Bar" he said.

"The institution of lawyers, the polarised Bar, has been taken to the knees,“ Justice Joseph added.

. He was speaking at an event organised by the The Law Trust honouring him with Justice VR Krishna Iyer Award 2020. The award was presented by Supreme Court judge, Justice CT Ravikumar .

. Addressing the members of the various Bar Associations in the country, he highlighted how independence of judiciary is crucial for a healthy democracy and the role of the Bar associations was important to safeguard the same.

He further added that if judges have to function without failure, then they should have a feeling, that their work would be recognised and their seniority or elevation will not be affected.

. He recollected an incident when the leaders of the Bar particularly the Supreme Court, had made a concerted effort to protest against the selection of a judge to the Supreme Court. They had all made a representation which sought to prevent the Judge from joining the Supreme Court on the ground that he was apparently not worthy to hold the office.

. Relying on the act of the Bar, Justice Joseph emphasised it was equally important for the Bar to speak up when a deserving judge is prevented from joining the bench.

"If you were alert in preventing a perceivably tainted judge in coming to Supreme Court, you should be equally concerned when people who are otherwise meritorious are ignored when entering the Court - High Court or Supreme Court for reason which are best known to others," Justice Joseph asserted.

. He mused whether the judges in the country were really in a position to discharge their duties in compliance with their constitutional oath of discharging their duties without fear, favour, affection and ill-will.

"With a fear of transfer from south to north (of India) or east to west (of India), is it not sending a wrong message?" Justice Joseph said.

He proclaimed that unless everyone at the Bar and the Bench are not vigilant to protect the judicial institution, its independence and integrity, then "things will definitely go wrong" .

. Appealing to the conscience of the decision makers and the Bar members, Justice Joseph requested them to also raise their voices against instances when people who are otherwise meritorious are ignored to their rightful positions or when people who are otherwise meritorious are transferred from place to place .

. "If you really want a judge to function without fear, favour to the best of his ability, then he should have that feeling that 'I will get my recognition which I am bound to get under the Constitution for my service', 'my seniority will not be affected' and 'my legitimate promotions or rather elevations will not be affected'," Justice Joseph appealed.

If judges are denied elevation or transferred, how can they function without fear: Former SC judge Justice Kurian Joseph

Neha Joshi

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