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Monday, October 26, 1998

Court pulled up for passing derogatory remarks against judge

EXPRESS NEWS SERVICE  
KOCHI, OCT 25: A Division Bench of the Kerala High Court today expunged the observations made by a single judge on the propriety of retired judges taking up plum assignments and contesting elections, saying the court should ``desist from making derogatory observations against fraternity of judges.''

``This poses a great danger from within,'' the Bench comprising Chief Justice Om Prakash and Justice J B Koshy observed while allowing a writ appeal filed by Haji Moideen Shah, State Rashtriya Janata Dal (RJD) president, against the judgment of the single judge.

Justice K Narayana Kurup, while dismissing a writ petition challenging the candidacy of U P Singh, the former Chief Justice of Kerala, in a Parliamentary Constituency in Bihar, had observed that judges making a beeline for plum assignments, running after offices of profit after retirement or joining the political bandwagon would certainly erode people's confidence in the judiciary. And therefore, judges taking up office of profit or plunging intopolitics soon after retirement ``is a matter of national concern which needs to be addressed'' by the Central Government.

The Division Bench said they were of the view that the observations made by the single judge had affected people's faith in the judiciary. The observations were neither based on common experience, or empirical knowledge nor consistent with past history. They couldn't be either deemed a universal truth. At best they constituted the personal opinion of the single judge.The observations were ``far from reality'' and wholly unsupported by any material. ``It is nothing but his self-opinionated declaration, wholly individualistic perception and his own philosophical statement,'' the Bench said and, added ``the court should be loath to make derogatory observations against the fraternity of judges.''

The Division Bench also pointed out that while disposing of the original petition, no notice had been issued by the single judge to U P Singh, who was the fifth respondent in the case, or to anyjudge or retired judges in a representative capacity.

The judge chose to make such ``pungent'' remarks against a class of judges which was in gross violation of the principles of natural justice, the Bench said.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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