Justice B. Kemal Pasha, who retired from the the Kerala High Court on Thursday, has come out with more revelations.Kochi: Even as the Supreme Court and the Centre are mired in a row over a collegium recommendation to appoint Uttarakhand High Court chief justice K M Joseph as an apex court judge, the comments of a retired high court judge in Kerala revealed that all is not well in the higher judiciary in the state.
Justice B. Kemal Pasha, who retired from the the Kerala High Court on Thursday, has come out with more revelations about the discontent brewing in the apex of the state judicial set-up, over the recommendation of a few names of lawyers for appointment to the HC bench. It is said these lawyers recommended by the HC collegium are kin of the incumbent judges.
Citing such developments, Pasha said in his first post-retirement interview that those suspecting interference in judiciary from outside cannot be blamed.
While expressing his displeasure about some developments at the high court during the final phase of his service, Pasha said, “Appointment of judges should not be like partition of assets in a family. Judges come and go, but the court will have to bear the loss. Judges should not be appointed like wealth-sharing in families. Any caste or religion cannot monopolize it. It's my impression that those under consideration now do not have the merit for the job.”
Pasha told 'Manorama News' that some subjects of consideration, entrusted with certain judges, were changed recently at the inappropriate time and that these were breach of convention.
Some of those under consideration for appointment as judges have no merit. The high court directory has to be relied on to identify them. There is no transparency in appointments. The criteria is not clear, the retired judge claimed. Recently, the HC had dismissed a plea seeking to term these collegium recommendations as null and void after the petitioners claimed that five lawyers proposed by it were the relatives of a few retired and sitting judges of the high court and a judge of the Supreme Court.
Pasha also revealed that several judges hold the same opinion, but is not certain how many will speak up. He clarified that he was indeed warning judges when he had said no judge should accept post-retirement jobs. “I was not targeting anyone. And am not sure how many will observe it.”
The retired judge said he has no offers and that he will not accept a paid job. Pasha also pointed out that most cases reaching the high court are against the government. “There had always been allegations that judges about to retire take care to avoid displeasing the government if they long for new posts. Everyone should try to avoid that,” Pasha said.
Pasha, who retired after five years at the Kerala High Court, was behind several judgments that had sent ripples across the political sphere. He had made caustic comments against the working of the judiciary at a farewell function organised by the high court here.
In his speech, Pasha said, “My parents gave me the courage to stand up for justice and fairness. They are watching my actions from heaven. Recent developments tainted the glory that the high court had acquired over a long years."
