The Hindu : 'Overruling Veerasamy judgment will hit independence of judiciary'

Online edition of India's National Newspaper
Sunday, Dec 22, 2002

National

National

'Overruling Veerasamy judgment will hit independence of judiciary'

Rajindar Sachar, former Chief Justice of the Delhi High Court, writes:

With reference to the story "Appeal to overrule `Veerasamy judgment" by your legal correspondent (Dec. 20) I wish to clarify as under:

While I am in broad agreement with the resolution so far as it expresses distress at the happenings in the conduct of the higher judiciary and also with the suggestion that contempt of law should be changed, to make truth as a defence, I strongly oppose the suggestion that the judgment in the Veerasamy case which lays down that no FIR should be filed against a judge without the prior permission of the CJI should be overruled. I could not attend the said meeting at which this decision was taken but at an earlier meetings where this proposal came for discussion, I vehemently opposed it because, according to me, in our distress we would be making a great mistake if we permitted the Executive and the Police to register criminal cases against the judges at their own instances. This will place a big strain on the judiciary and a permanent threat to their working.

To permit the judiciary to become victim of the Executive licence when judiciary is dealing with the cases against the Executive everyday is to further reduce the independence and integrity of judiciary.

This position of law is not the origin of the Veerasamy case. This view is as old as over 40 years and has the acceptance of some of the stalwarts of the highest judiciary. This law is applicable also to the protection in regard to the lower judiciary where the prior consent of the High Court is essential.

To permit, as CJA suggests, the police to register criminal cases against the lower judiciary without the permission of the High Court is to throw them to the mercy of police and small time politicians - this will be a blow against the independence of the judiciary.

I am sorry that this aspect should have been rushed through without consultation with a much larger segment of the legal fraternity and has been finalised at such a small group.

I wish this part of the resolution has not been insisted upon as it will also weaken the fight for judicial accountability by forcing the judges to look for the Executive's sympathy.

Printer friendly page
Send this article to Friends by E-Mail

National