President Pranab Mukherjee and Chief Justice of India H.L.Dattu have today
been urged not to elevate the Bombay High Court Chief Justice Mohit Shah to
the Supreme Court.
It is disturbing and extremely distressing that the very controversial and
politically tilted Chief Justice of Bombay High Court Mohit Shah is being
considered for elevation as Judge of the Supreme Court of India.
In March 2013 the collegium of the Supreme Court had rejected Justice Mohit
Shah’s name for elevation to the Supreme Court on the ground that he was
not suitable to be a Supreme Court judge and that his elevation would prove
to be counter-productive and not conducive to the administration of
justice. So what has changed now if Justice Mohit Shah was unfit for
elevation to the Supreme Court on earlier occasions?
There is need to maintain the high standards of the judiciary as otherwise
the public would lose faith in the judiciary. Instead of keeping a very
safe distance from politicians Justice Mohit Shah kept visiting Goa very
often and since March 2012 danced to the tunes of then Chief Minister
Manohar Parrikar and Advocate General Atmaram Nadkarni even on the issue of
transfer of Judges possibly with a hope that he would leap to the Supreme
Court.
An example is how the Goa CBI Court Judge PV Sawaikar was abruptly and
unceremoniously shunted. Manohar Parrikar and Advocate General Atmaram
Nadkarni with the tacit approval of Justice Mohit Shah connived to divest
Judge Sawaikar the powers of hearing all corruption cases.
The process to strip Judge Sawaikar of his powers to hear corruption cases
was initiated on Sunday 30th August 2014 at the swearing in ceremony of Goa
Governor Mridula Sinha at Raj Bhavan when then Chief Minister Manohar
Parrikar complained to Justice Mohit Shah about Judge Sawaikar and sought
his removal from hearing corruption related cases. Justice Mohit Shah
merrily obliged Manohar Parrikar and got Judge Sawaikar removed on the eve
of his scheduled pronouncement of an order which he had reserved in the
corruption case against Speaker of Goa Legislative Assembly Rajendra
Arlekar.
It is public perception that Manohar Parrikar and Atmaram Nadkarni dangled
on the meek, soft spoken and submissive Justice Mohit Shah who is due to
retire on this September 9th, the carrot by way of a hope of elevation to
the Supreme Court if he played ball.
There is need of a high level probe into the nexus between Justice Mohit
Shah and Manohar Parrikar with Atmaram Nadkarni as a facilitator. Any
attempt to make Judges submit themselves as stooges and agents of
politicians has to be thwarted with all the possible might.
A free, fair and independent Judiciary which is a salient safeguard of our
Constitution is the only hope for the common men in their thrust for
justice. The fate of the temples of justice is doomed if Judges for fear of
retribution fret to take on the government on its illegalities.
The Judiciary is also going down the tube with these dark days looming
where the very sanctity and independence of the Judiciary is at stake. With
very disquieting signs that the Judiciary is being reduced to a mouth piece
of the government the Courts will lose all relevance and end up as dens
of chicanery and jugglery.
Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
Email: airesrodrigu...@gmail.com
Or
airesrodrig...@yahoo.com
You can also reach me on
Facebook.com/ AiresRodrigues
Twitter@rodrigues_aires
