M A I N   N E W S

row over appointment of ‘tainted’ judge
Katju shoots posers to ex-CJI; furore in House
R Sedhuraman
Legal Correspondent

New Delhi, July 22
The controversy over the alleged political pressure behind the appointment of a tainted judge in Madras High Court turned murkier today as former Supreme Court Judge Markandey Katju raised further questions on the role of ex-Chief Justice of India RC Lahoti.

Law Minister Ravi Shankar Prasad, meanwhile, assured agitated Parliament members that the government was committed to putting in place soon the proposed Judicial Appointments Commission to ensure that only persons with merit and integrity were appointed judges of HCs and SC. He, however, said “the clock can’t be put back as the judge in question has already retired is no more.”

In an endorsement of Justice Katju’s allegation of political pressure, Prasad said the SC collegium had “certain reservations” in 2003, but following a note sent by the Department of Justice on July 16, 2005 with the then Law Minister’s approval due to “certain sensitivity” a call was taken by the collegium clearing his extension.

Former Prime Minister Manmohan Singh refused to comment on the issue, stating that the then Union Law Minister HR Bhardwaj had already issued a clarification and that he had nothing to add.

Bhardwaj had said the SC collegium was the final authority on the appointment of HC judges, though a Tamil Nadu party which was an ally of the ruling UPA had tried to lobby for the judge.

Justice Katju, who now heads the Press Council of India (PCI), had kicked off the row, blaming three successive former CJIs – Lahoti, YK Sabharwal and KG Balakrishnan – for the appointment of the corrupt judge in question under political pressure by extending his tenure as Additional Judge of the Madras HC.

Responding to Justice Lahoti’s general denial, Justice Katju wanted the former CJI to specifically answer six questions. First, it should be clarified whether the SC collegium, comprising CJI Lahoti and Justices Sabharwal and Ruma Pal, had recommended against extending the two-year term of the Additional Judge of the HC in the light of an adverse report by the Intelligence Bureau (IB).

Justice Lahoti should answer as to whether he wrote a letter to the government some time later without consulting the collegium, accepting the move to give another one-year extension to the judge in question, the PCI Chairperson said in his blog.

Justice Katju said CJI Lahoti had ordered an IB inquiry at his instance and later told him on phone that the IB report had confirmed the allegations of corruption against the additional judge of the HC in question.

If the intelligence input had gone against the judge, why did CJI Lahoti recommend another extension which finally resulted in his appointment as a regular judge on transfer to Andhra Pradesh HC, when Justice Balakrishnan was the CJI, the PCI chief wanted to know.

Justice Katju was the Chief Justice of Madras HC in 2004 and a judge of the SC from 2006 to 2011, before being appointed to the present post on October 5, 2011. He is due to retire on October 4 this year.

Proceedings disrupted

• Uproar over Katju’s remarks forced two adjournments in the Lok Sabha as agitated AIADMK members stormed the Well demanding that the name of the then DMK minister who "mounted pressure" on the UPA government to confirm the appointment of controversial judge be made public.
• The Rajya Sabha also saw disruption on the issue, with AIADMK and DMK members clashing on the matter when it assembled for the day leading to a brief adjournment

"The government was committed to putting in place soon the proposed Judicial Appointments Commission to ensure that only persons with merit and integrity were appointed judges of HCs and SC"

Ravi Shankar Prasad, Law minister