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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Emotional tributes paid to cops killed in blast at gunpowder dump of Maoists in Chhattisgarh
Narayanpur (Chhattisgarh) (PTI): Emotional scenes were witnessed on Sunday as wreaths were laid on the mortal remains of three of the four police personnel killed in an explosion in a gunpowder dump of Maoists in Chhattisgarh's Kanker district.
The grieving family members were inconsolable, while security personnel tried to comfort them.
Amid chants of "Bharat Mata ki Jai" and "Vande Mataram," public representatives, along with senior police and administrative officials, paid tributes to the deceased personnel.
The wreath-laying ceremony to pay homage to Inspector Sukhram Vatti (40), constables Krishna Komra (35) and Sanjay Gadhpale (29), killed in the explosion on Saturday, was held at the Police Lines in Narayanpur district, neighbouring Kanker.
The mortal remains of constable Parmanand Komra (29), who succumbed to injuries during treatment in Raipur, will be shifted to Kanker, where a separate wreath-laying ceremony will be held, police said.
Inspector General of Police, Bastar Range, Sundarraj Pattilingam, after paying homage, told reporters that the four police personnel made the supreme sacrifice while protecting the region.
"I pay my homage to them," he added.
The four personnel were killed while they were attempting to dispose of a gunpowder dump hidden earlier by Maoists in a forest near Aadnar village under Chhotebethiya police station limits in Kanker district, according to police.
It was the first explosion linked to Naxalites in the state since it was declared free from armed Maoists on March 31, and also the first instance this year in which security personnel engaged in anti-Naxal operations lost their lives.
District Reserve Guard (DRG) official Vatti, who was leading the team, hailed from Bijapur district. Constable Krishna Komra of the district force and constables Gadhpale and Parmanand Komra of the Bastar Fighters were residents of different villages in Kanker.
