Crisis,we need ombudsman over SC collegium: Nariman

Eminent jurist Fali S Nariman today proposed a judicial ombudsman that could hear the complaints against Supreme Court and High Court judges.

With questions being raised over the proposed elevation of Karnataka High Court Chief Justice P D Dinakaran to the Supreme Court,eminent jurist Fali S Nariman today proposed a judicial ombudsman a presidium over the collegium that could hear the complaints against Supreme Court and High Court judges.

I think we have the need of a judicial ombudsman above the Chief Justice to whom complaints can be made in private, Nariman told The Indian Express Editor-in-Chief Shekhar Gupta on NDTV 24×7s Walk The Talk. A judicial ombudsman is the need of the hour,having regard to our state of affairs, Nariman said.

On how this ombudsman would work,Nariman said that people would be able to approach the ombudsman with all sorts of complaints. It is the job of the office of the judicial ombudsman of the SC to inquire into complaints against High Court and Supreme Court judges,keep it all to itself,then quietly consult the Chief Justice,take his views and move in a particular manner saying something should be done, he said adding that the ombudsman can be a presidium of three,like the Election Commission.

Calling the Justice Dinakaran episode a moment of crisis in the history of Indian judiciary,Nariman said,It could have been avoided. This is lack of preparation,lack of homework,if I may say so without meaning disrespect to these five good judges of our Supreme Court. You must do much more homework when you recommend a name. Now,once recommendation has gone out it will be very difficult for them to withdraw it. It will be one more loss of face or giving into the Bar.

They are caught on the wrong foot and it is a bit of loss of face. If I was a member of the collegium,Id feel a little loss of face, Nariman said commenting about the possibility of the collegium having to withdraw a name after it had been recommended.

Nariman also had a word of advice for the collegium,headed by Chief Justice of India K G Balakrishnan and comprising the four senior most judges . While the system is there,make it work properly. Each of you,or one of you at least,when you want to fill a place from the High Court,please go there,find out from the Bar as to what their impressions are and make an assessment.

On his signing the letter against Justice Dinakaran,Nariman said,I do not know him at all. I have never appeared before him. There were three to four very senior advocates on whom I place great reliance who told me certain things about this gentleman which shocked me. It may be wrong or right. I put my signature to a letter that said please investigate before you appoint. If there is such a clamour against him,drop him. Why should very senior advocates put their names and stake their reputations?