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Don’t elevate Justice Dinakaran: BAI
Says it will help save judiciary’s credibility in the eyes of people
Legal Correspondent

New Delhi, November 28
The Bar Association of India, headed by noted jurist Fali S Nariman, today urged the Supreme Court Collegium “not to proceed further” on the proposed elevation of Karnataka High Court Chief Justice PD Dinakaran in order to “save the credibility of the judiciary in the eyes of the people.”

“The question is not whether the charges against the Learned Judge are correct or not, but whether the appointment of such a person whose integrity is widely perceived to be doubtful would affect the faith of the common man in this glorious institution,” BAI said.

“We therefore request the Collegium to put an end to the controversy immediately by a simple announcement that the recommendation already made will not be pursued further,” the association said in a resolution adopted at a day-long seminar here.

Law Minister M Veerappa Moily delivered the inaugural address at the seminar, attended by former Chief Justice of India JS Verma and senior lawyers from across the country, including Soli Sorabjee, Lalit Bhasin, Anil Divan, Ashok Desai, PP Rao, TR Andhiarujina and MS Prasaad. The resolution said Nariman would take a delegation comprising SC Bar Association President MN Krishnamani and other senior advocates and meet the SC Collegium headed by CJI KG Balakrishnan and convey the concerns of the bar on the issue.

Through another resolution, BAI called for far-reaching and radical reforms in the appointment of judges to the higher judiciary, replacing the present system and also without reverting to the old procedure.

A favoured method in many jurisdictions like that of the UK and South Africa was an independent Judicial Appointments Commission consisting of several lay members. Such a Commission must have a constitutional status and a permanent Secretariat similar to the Election Commission. The changes must bring about transparency over the methods, norms and procedures, while maintaining confidentiality with a view to preserving the reputation of potential candidates. Merit, integrity, independence, sensitivity to Constitutional goals, experience, balance, good repute should be some of the important norms for selection.

Inputs and views from the members of the Bar and the public must be invited. Absolute immunity should be provided to persons giving inputs and information from any action by way of contempt or defamation even if the information given turned out to be false or incorrect, the resolution said. Records and reasons regarding appointments must be disclosed to the public. A permanent statutory body with a secretariat headed by a director to search and gather information regarding potential candidates should be set up.

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