Justice Gogoi rejects fixed tenure for CJIs, seeks consistent judicial policy
New Delhi, July 28 : Justice Ranjan Gogoi - the seniormost judge of the top court after Chief Justice Dipak Misra - on Saturday dismissed the suggestion for fixed tenure of the Chief Justice of India so as to give them enough time to push the reforms in the judicial system.
Addressing the issue of fixed term, he said that in judiciary when it comes to elevation of judges, there are some norms, particularly seniority and it may not be a good idea to deny a person the chance of becoming CJI merely because his tenure would be short.
The problem in pushing reforms is not with the length of the tenure as CJI - whether short or long - but with the change in priorities with the change of CJIs, Justice Gogoi said priorities once set had to be consistently adhered to by the successive CJIs.
"Problem does not lie with the short tenure. Problem lies with the change of priority with the change of Chief Justice. We must have consistent policy. Tenure does not matter," he said, responding to the suggestion of fixed tenure for the CJIs by Prof N.R.Madhava Menon - former Vice Cancellor of National Law School of India, Bengaluru.
Citing the fixed tenure of the Cabinet Secretary, service and police chiefs, Menon advocated a fixed tenure of CJIs, wondering what would happen to the defence of the country if service chiefs were to have short tenures running into a few months.
Addressing the number of issues that emerged during day long deliberation on "National Initiative to Reduce Pendency and Delay in Judicial System", Justice Gogoi said there "was no radical solution of the problem of the huge backlog of over three crore cases. They will not disappear overnight".
It is a "gradual process with a multi-pronged approach and acting immediately on the solutions that have emerged in the daylong deliberations", he said, apparently urging the High Court judges and judicial officers to get on with the task.
Addressing the issue of vacancies, Justice Gogoi said that the vacancies in the High Courts can be taken care of by the CJI and his team but the cause of concern was 5,984 vacancies in lower judiciary with Uttar Pradesh with 1,344, Bihar with 825 and Madhya Pradesh with 748 vacancies topping the list.
Pointing to the long time that is taken in the recruitment of judicial officers in different states, and urging to look at the issue with a different perspective, he said: "What we are looking for is that a man or a woman has outstanding merit and ability, utmost integrity and of absolute commitment to work. Three qualities I would look for before a person becomes a judge."
Referring to the report of a committee that had said that the entire process for the recruitment of judges in lower judiciary should be completed in 273 days, Justice Gogoi said that Delhi took 762 days, J&K took 900 days and Pondicherry did it in 99 days.
It can happen in 99 days, and "If you have a right man at right place (then) rest will follow", he said.
In his valedictory address, Chief Justice Misra, summing up the daylong proceedings, called for "self-discipline", "self enhancement" and "developing a culture of work atmosphere".
Not favouring ex-parte stay of the proceedings of the trials at lower courts, he said that they should be a "dated stay".
Saying that standing still was "negation of life", Chief Justice Misra said that the courts should decide the matters in a time bound manner while he drew distinction between enthusiasm, perseverance and obsession.
Dwelling on judicial statesmanship, judicial leadership and judicial discipline, he said that every case should be decided skilfully and lawfully with impose one's own views.
On judicial discipline, he said that lawyers should not be allowed to take court's time more than necessary.
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Delhi: Father, son held for killing 19-year-old woman in suspected honour killing
New Delhi (PTI): The Delhi Police has arrested a man and his son for allegedly murdering his 19-year-old daughter in west Delhi's Hari Nagar area, an official said on Friday.
The case first came to light on April 1 after a PCR call was received around 2 pm, alleging that a woman had been killed by her family members and her body was being taken for last rites, he said.
The accused, identified as Mohammad Maneer (55), a vegetable vendor, and his son Meraj Ali (19), were arrested in connection with the case, the officer said.
The victim had been in a relationship with a man from her native place for the past two years, which was opposed by her father, Maneer and brother Meraj, he said.
"When the girl did not end the relationship despite objections, the family killed her," the officer said.
On April 1, the police said that when their team reached the spot, they found that the woman's body was being taken for burial.
Acting on the input, the burial process was stopped over suspicion of honour killing.
"Police intercepted the family members and took possession of the body," he said.
Police said that the man who had made the PCR told them that the woman was in love with his cousin.
During the inquiry, police also interacted with the PCR caller, who said his cousin, a friend of the deceased, had informed him about the situation and suspected foul play, prompting him to alert the police control room.
The body of the woman was subsequently shifted to the mortuary of Deen Dayal Upadhyay Hospital for preservation and postmortem.
Police said that both the crime team and the forensic science laboratory (FSL) team were called to inspect the scene and collect evidence.
Police said that, as per the postmortem report, the cause of death was identified as smothering, indicating that the woman was suffocated.
A preliminary inquiry also revealed that the family had initiated preparations for the last rites soon after the woman's death, raising suspicion about the circumstances.
Initial investigation pointed to the family's opposition to the woman's relationship.
"The family members of the woman saw her with the man, and she was taken back home. We got to know that she was beaten up and even locked inside the house for some days," a source said.
Further investigation into the matter is underway, police added.
