Chief Justice failed to maintain ethical standards: J&K Guv

This complaint was sent to the CJI in January 2009 — annexed to it were Justice Sarin’s letters of protest as well — but was under wraps until now.

Justice Sarin is now the Lokayukta,Delhi,and Justice Shah is an outspoken activist on a range of issues.

Most recently,Justice Shah has been one of the few voices cautioning against a draconian Lokpal Bill which he says disturbs the constitutional separation of powers. Incidentally,Justice Shah was part of the panel that appointed Justice Sarin as the Lokayukta.

The complaints that Vohra flagged:

Despite being sworn in during the month of the Holy Ramzan —when “as per standing practice” no food and drinks are offered to guests at official functions — Justice Sarin was accompanied by 22 guests. As an “expectional gesture,” the Raj Bhavan communication states,eight guests of the CJ were also accommodated in the State Guest House.

Immediately after assuming charge,the CJ “started inviting/ receiving guests.” This included the CJ of Delhi High Court,Justice A P Shah,and Raj Bhavan noted that despite all arrangements requested for being made,the CJ conveyed his “displeasure” to the Governor’s Principal Secretary. “The CJ’s action is unwarranted and altogether unacceptable” states the Raj Bhavan’s note annexed along with the complaint to the CJI.

The visit of the two CJs resulted in a lot of confusion over suitable VVIP accommodation both in Srinagar and Pahalgam. Justice Sarin’s office requested for a stay in the Chief Minister’s cottage (the famous ‘Bobby Hut’) which was under maintenance and so “suitable” alternate arrangements were made. Also,with the Governor using the state helicopter for a visit to Katra,its non-availability was conveyed to the CJI. Bureaucrats later recorded on file how Justice Sarin,“forcibly entered the Chief Minister’s hut to verify whether it was actually under repair.”

The Governor cited a a trip to Leh by Justice Sarin’s son and daughter-in-law. Here again,requested VVIP accommodation was not available and alternative arrangements were made. However,Raj Bhavan recorded,how, Vohra also alleged that his Principal Secretary and District Magistrate of Leh were subject to “unacceptable,public,insults” by the CJ’s office.

“The Mobile Magistrate,Leh,who was escorting the young couple under the directions of the District Judge,along with his staff broke into the VIP Guest House and took the CJ’s children through the kitchen door to lodge them there.” The note also states that the CJ’s family “violated law” and visited Pangong-Tso without getting the needed “inner line permit.”

When contacted by The Indian Express,Justice Sarin said these incidents were “trivial administrative matters.” He clarified,for instance,that he had “no option” but to send off the letter of “displeasure” to the Governor’s Principal Secretary since he had not been informed about accommodation till the time he and Justice Shah left for Pahalgam.

He added that it was “repugnant to common sense” that two CJs would forciby enter the Chief Minister’s hut. About the visit of his family to Leh,he said he was unaware of what facilities were asked for by his staff and that the couple had to face the “odium” of being evacuated,forcing them to check into a hotel.

The response from Chief Justice Balakrishnan — received by Raj Bhavan a week after Vohra sent his complaint — was brief: “As you are aware,Justice Sarin demitted office on October 20,2008 and is no more a sitting judge. Anyways,I am having the matter looked into.”

‘Trivial matters…Guv negates Constitutional norms’

Retired Chief Justice Manmohan Sarin:

“All these incidents are trivial administrative matters which the state administration could have handled gracefully. There appears to be an impression that the facilities to be provided to the Chief Justice are related to the length of his tenure. This unfortunately needs to be corrected. Facilities as per norms and entitlement can be availed by Chief Justice either with a long tenure or a short tenure. There is a general tendency among some of the bureaucrats to deny facilities to which members of the higher judiciary are entitled,except when personal requests are made or they are kept in good humour.

“It appears that the Governor was misled with distortions/untruths by bureaucrats or the Governor himself who was initially not in favour of my appointment might have been irked by the expression of displeasure over the unjustified delay in confirmation of stay at the Chash-me-Shai hut or my not brooking any state interference in judicial matters and thus wrote to the Chief Justice of India.

“The Honorable Governor in writing such communications has negated norms of Constitutional propriety and elementary courtesy due to another Constitutional functionary. No reference was made to the High Court during my tenure and thereafter,with regard to any of these matters. The conclusions reached by him were behind my back and without having the benefit of my views and version of the factual position…The insinuations of improper conduct attributed to me are based on untruths and distortions in respect of mundane administrative matters…”

‘Not aware of any tension over arrangements’

Retired Chief Justice A P Shah:

“I do recall the visit to Jammu and Kashmir and my visit being categorized as that of a state guest which is the normal entitlement for Chief Justices. However,I am not aware of any request being made for use of the state helicopter.

“During the visit,one night was spent in a state guest house on account of Shab-i-Qadr being celebrated that night and a spillover of devotees expected even in the lawn of the residence of the Chief Justice. The second night was spent in the Chief Justice’s residence and I am not aware of any tension or discord on account of arrangements made for my visit.

“It is accurate that the appointment of Justice Manmohan Sarin as Lokayukta of Delhi happened during my tenure as Chief Justice. The appointment is made by the Lt Governor of Delhi by a committee comprising the Chief Minister,the Chief Justice and Leader of Opposition. A panel of names was put up before us and the nomination of Justice Sarin was a unanimous one.”