Stood up for certain values; nothing personal: Justice Chelameswar
New Delhi, May 19 : Supreme Court judge Justice Jasti Chelameswar, who retired on Friday, has said that he stood up for certain "issues and values" wherever he perceived things were going wrong and had nothing personal against anyone in the system.
"I stood up for certain issues and values. Wherever I perceived that things were going wrong, I stood up, I raised questions... If something is good, it is to be preserved. If something is doubtful, it is to be checked and rectified, I had nothing personal against anyone in the system," Justice Chelameswar said in a farewell event on Friday.
He also said the younger generation of lawyers has supported him in "democratising the institution", but acknowledged constitutional lawyers and jurists attacked him from every side.
"What is the law or the scripture which says judges cannot hold press conferences? They shouldn't hold a press conference to defend their judgments, I knew that when I opened my mouth I would have to go through all this and I was willing to take it...," he added.
Justice Chelameswar had turned down the Supreme Court Bar Association (SCBA)'s request to participate in a farewell function it wanted to arrange for him, saying he wanted his retirement to be a "private affair". However, later in the evening on Friday, he attended a reception organised by Lawyers Collective.
On his last working day on Friday, he shared a bench with Chief Justice Dipak Misra, a custom and practice of the Supreme Court.
The 65-year-old judge has been at loggerheads with Justice Misra over the functioning of the apex court including the allocation of sensitive cases and on recommendation of judges for appointment to higher judiciary.
He was at the forefront of the unprecedented press conference on January 12 saying "all was not well" on the administrative side of the court.
At the gathering of Lawyer Collective, an advocacy NGO founded by activist senior lawyers Indira Jaising and Anand Grover, on Friday, Justice Chelameswar said in the last six months, wherever he went in the country, people have come up to him and said: "We are glad you did it".
He said he was willing to face the consequences of his actions, whether it be his abstention from collegium meetings after the NJAC judgment or the press conference he held.
He told the younger generation present at the gathering that they required to have courage and determination to fight the system if they want to bring a good change.
"But if you are convinced on principle that the fight is to be carried on for good change, please go ahead. If you have an opinion, speak up," he added.
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SC says no to plea against selection of Delhi Waqf Board administrator
New Delhi (PTI): The Supreme Court on Monday refused to examine a plea against the appointment of Delhi government’s Principal Secretary (Home) Ashwani Kumar as the Delhi Waqf Board administrator on January 10.
A bench of Justices M M Sundresh and Rajesh Bindal asked the petitioner to move the Delhi High Court.
The top court was hearing a plea filed by one Zameer Ahmad Jumlana seeking directions to restrain and prohibit Kumar from discharging functions as the administrator of the Delhi Waqf Board and to vacate the office with immediate effect.
Lieutenant Governor (LG) V K Saxena, who approved Kumar's appointment, also okayed the appointment of IAS officer Azimul Haque as Delhi Waqf Board's CEO on January 3.
The petition alleged the term of the Delhi State Waqf Board expired on August 26, 2023, and since then no board was constituted.
The plea contended in the absence of the board, its powers were taken over by the LG by appointing Kumar purportedly using the powers under Section 99 of the Waqf Act, 1995.
"When the tenure of the board has lapsed on August 26, 2023, there is no question of exercise of any power of the state government under Section 99 of the Waqf Act 1995 to take over the board. Thus, the respondent number 1 is an usurper of the power of the Delhi State Waqf Board,” it said.
According to the petition, Kumar was not eligible under the Waqf Act of 1995 and took advantage of the fact that the Delhi Waqf Board was in an indefinite abeyance due to the negligence of the respondents.
On May 28, the Delhi High Court dismissed a similar plea filed by one Yasmin Ali and imposed Rs 10,000 costs.
The high court said the plea was publicity-oriented and an abuse of the process of law as it did not give any valid reasons for quashing the appointment of the city government officer as the administrator of the board.
