Chandigarh, December 8
A former judge of the Supreme Court and five former Chief Justices of High Courts have expressed “displeasure and regret” at the manner in which Punjab Governor Gen SF Rodrigues “disregarded the well-established convention of oath-taking ceremony of the Chief Justice designate”. The ceremony was held on December 5.
In a communiqué to the Governor, with copies to the President of India, the Prime Minister, the Home Minister of India, the Law Minister of India and the Chief Justice of India, they have asserted the manner, “cannot, but be construed by us and the judicial fraternity as an insult to the judiciary”.
The communiqué follows a news report “Justice Mudgal sworn in amid breach of protocol” published in The Tribune on December 6. It assumes significance as the manner in which the oath was administered has also caused resentment among the lawyers and the sitting judges of the Punjab and Haryana High Court.
The letter has been signed by former judge of the Supreme Court Justice Kuldip Singh, former Chief Justice of the Delhi High Court Justice RN Aggarwal, former Chief Justice of the High Court of Allahabad Justice SS Sodhi, former Chief Justice of the High Court of Sikkim Justice MS Gujral, former Chief Justice of the Punjab and Haryana High Court Justice SS Dewan, and former Chief Justice of the High Court of Andhra Pradesh Justice MS Liberan.
The letter says: “We are distressed to learn of the manner and the procedure followed by you in administering the oath of office to the newly appointed Chief Justice of the Punjab and Haryana High Court, Justice Mukul Mudgal. Incredibly, the Chief Justice designate was asked by you to sit with the invitees until you came on the dais, and that you would then call him up to the dais.
“This was in spite of the fact that it was specifically brought to your notice that the well-established convention has been for the Governor and the Chief Justice designate to walk together to the dais for the oath ceremony.
“What a contrast this is to the occasion when we had a Governor of Punjab (Sidharth Shankar Ray), who manifested his high regard and esteem for the judiciary by going to the High Court to administer oath there to the Chief Justice designate.
“What is even more distressing is that the occasion was apparently taken to be so lacking in solemnity that the National Anthem was not deemed fit to be played”.
