Chandigarh, January 6
Union Law Minister Dr M. Veerappa Moily has expressed shock over the “discourtesy” shown by Punjab Governor while administering oath to the newly appointed Chief Justice of the Punjab and Haryana High Court, Justice Mukul Mudgal, last month. He has also written to Union Home Minister P. Chidambaram to “consider the matter seriously” and issue “appropriate protocol directions” to all the Governors.
The reaction follows a complaint made in a letter by a former Judge of the Supreme Court and five former Chief Justices of high courts. They had jointly expressed “displeasure and regret” at the manner in which Punjab Governor Gen S.F. Rodrigues (Retd) had “disregarded the well-established conventions of oath-taking ceremony of the Chief Justice designate”. The ceremony was held on December 5 last.
The letter, bringing to the fore the mishandling of what the judiciary regarded as an important ceremony, was signed by former Judge of Supreme Court Justice Kuldip Singh, former Chief Justice of Delhi High Court Justice R.N. Aggarwal, former Chief Justice of Allahabad High Court Justice S.S. Sodhi, former Chief Justice of Sikkim High Court Justice M.S. Gujral, former Chief Justice of Punjab and Haryana High Court Justice S.S. Dewan and former Chief Justice of Andhra Pradesh High Court M.S. Liberhan.
Replying individually to all the six judges, Dr Moily has written: “I have received your letter of December 8, 2009, signed by you along with others. I am really shocked to hear of the discourtesy on the part of the present Governor of Punjab on the day of administering the oath of office to the newly appointed Chief Justice of the
Punjab and Haryana High Court. I join you in expressing my serious concern on the conduct of the Governor… I have addressed a separate letter to Union Home Minister P. Chidambaram to consider the matter seriously and also to issue appropriate protocol directions to all the Governors.”
In the letter to Chidambaram, a copy of which has been forwarded to the judges, Dr Moily has asserted: “I have received a letter signed by former Chief Justices and a former Judge on the discourtesy on the part of the present Governor of Punjab on the day of administering the oath of office to Justice Mukul Mudgal, the newly appointed Chief Justice of the Punjab and Haryana High Court. I join them in expressing my serious concern on the conduct of the Governor… A copy of the letter addressed to the Governor of Punjab marked to me is enclosed for your information.”
Dr Moily suggested the Home Minister to “consider the matter seriously and also issue appropriate protocol directions to all the Governors as you may deem fit.”
In the communication to the Governor, with copies to the President, the Prime Minister, the Union Home Minister, the Union Law Minister and the Chief Justice of India, the judges had asserted the manner in which the oath taking ceremony was conducted “cannot, but be construed by us and the judicial fraternity as an insult to the judiciary”.
The communication had followed a news report “Justice Mudgal sworn in amid breach of protocol” carried by The Tribune on December 6 last.
