Rajpura, December 24
In a shocking disclosure, a former Chief Justice of India (CJI) today laid the blame for the mass one-day casual leave by 25 Judges of the Punjab and Haryana High Court in April 2004 at the doors of the Chief Justice of India at the time of the incident.
Former CJI Justice R.C. Lahoti (retd) today told The Tribune in an exclusive interview that the differences between the then Chief Justice of the Punjab and Haryana High Court, Mr Justice B.K. Roy, and the Judges, which finally forced 25 Judges to proceed on one-day leave, could have been resolved if the then Chief Justice of India had acted effectively.
Justice Lahoti was here to deliver the convocation address at the Chitkara Institute of Engineering and Technology.
Without naming the then CJI, Justice Lahoti said he did not act despite being fully aware of the happenings at the High Court.
Incidentally, Mr Justice V.N. Khare was the CJI at that time. As many as 21 Judges had told him that they were finding it difficult to work with CJ Roy.
“While different opinions will always be there about the action of the Judges, I personally think they did it because they were left with no other option. What do you do if nobody listens to your grievance? The then CJI, for some reason, chose to ignore the warnings and let matters drift. He could have easily taken effective steps to put an end to the bickerings between the Chief Justice and the Judges. But, he didn’t do anything, despite our verbal and written reports on the issue,” he said.
Mr Justice Lahoti and Mr Justice Ashok Bhan had been deputed by the then CJI to listen to the grievances of the Judges and also talk to Chief Justice Roy. But, no action was taken on their advice.
“These Judges were cornered. They were crying hoarse that somebody should listen to them. When the then CJI was in Chandigarh for a cricket match, 14 Judges met him. They requested him to do something or transfer all of them out. For six months nothing was done. When I and Mr Justice Ashok Bhan were sent to Chandigarh to inquire, we talked to everyone and gave our report to the then CJI. We told him that the situation at the High Court would worsen. I personally told him twice and even gave in writing. But, unfortunately nothing was done. It was then that the Judges, in what they thought was the best way possible under the
circumstances, went on one-day leave. But, I think they should not have done that,” he said.
He, however, said the action of the Judges could not be termed as strike.
Asked who was to be blamed for the eventual mess, Justice Lahoti said it was the then CJI. “The CJI should have acted. A wrong decision is better than no decision. When things are brought to your notice, you must act. Take a wrong decision but at least take one. In this one, for over one year, nothing was done. There was complete lack of decision and the matter was buried under the carpet. And, then it exploded,” he said.
Asked if, on hindsight, he could say who - the 25 Judges or CJ Roy - was at fault, the former CJI said one had only to look at subsequent events at Guwahati, where CJ Roy had been transferred, to know the truth.
CJ Roy, it may be recalled, was transferred from Guwahati High Court to Sikkim High Court after 15 of the 17 Judges at Guwahati wrote to the CJI, requesting him to either rein in CJ Roy or transfer all of them out. The Judges had accused CJ Roy of misbehaving with them.
Asked about his take on the proposed National Judicial Commission, the former CJI said a system where erring Judges could be handed out any punishment short of impeachment was the need of the hour. “In the present circumstances, it is more than required. It is there in many advanced country,” he said.
To a question, Justice Lahoti said the present system of appointment of Judges of High Courts and the Supreme Court by the collegium was working satisfactorily. “I hold the opinion that no system is inherently faulty. The fault, if any, lies, with the person heading the system. When I was the CJI, I took care to ensure that only the most deserving persons were elevated. For example, Indian democracy, which is hailed throughout the world, would not be the same if we were to elect Hitler. On the other hand, Mahatma Gandhi as a dictator would not be like Hitler. The pre-1993 system of appointment of Judges can’t be better than the present system,” Justice Lahoti said.
