A.P. Shah expresses displeasure over how SC handled a plea by advocates Prashant Bhushan and Kamini Jaiswal in alleged judge bribery case.

New Delhi: Criticising the judiciary’s use of contempt of court against critics, former chief justice of Delhi High Court A.P. Shah said that the “tool to silence naysayers requires a conversation”.

He expressed displeasure over how the Supreme Court handled a plea by advocates Prashant Bhushan and Kamini Jaiswal seeking an independent probe into allegations that judges were paid off in a case involving medical college admissions.

Shah spoke on the crisis in judiciary, terming the role of chief justice as “first among equals” as he delivered this year’s B.G. Verghese Memorial Lecture Friday.

“There is no need for me to be cryptic about why I choose to speak on this subject,” he said while expressing concern that the situation had come to a point where judges had to address a press conference.

On 12 January, four senior judges had said that unless the judiciary as an institution is preserved, “democracy will not survive” in this country.

Responding to criticism against the decision of senior judges to go public with their criticism, Shah said, “They did not breach any code of conduct in addressing the media. Instead, they upheld constitutional values.”

“Did they enter into public debate? On the contrary, they made only a public disclosure. They did not express views on political matters, or on matters pending for judicial determination,” Shah added.

He also said that if the judges chose to take their issues to the other judges within the court or to the President, it would have created a greater rift.

“They could have, as a last resort, gone to the President of India, but I am relieved that they did not, for at any and all costs, the independence of the institution must always be maintained, and the executive and legislature should be kept out of judicial affairs,” Shah said.

Chief Justice of India Dipak Misra’s decision to keep senior judges out of constitution bench cases also drew Shah’s criticism. “Having a mix of senior and junior judges is the only way to get plurality of views,” Shah said.

He stressed that his views must not be construed as mere criticism. “If anything must happen as a consequence of this unfortunate incident, it is reform,” he said.

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  1. Justice shah is a fair and courageous man – his views are insightful indictments of the goings on in the higher echelons of the judiciary under deepak Mishra who is compromised badly in the medical college case and is now therefore reduced to a puppet of the govt . The rosters announced by him which keep the four senior most judges off the benches of all sensitive cases exposes his malafide intentions – a very sad time for the country indeed

  2. “VERY URGENT “ MOST IMPORTANT IN THE NAME OF GOD.
    Subject:-An ex-serviceman’s legitimate claim, of “Army Medical Disability Pension”, deprived unfairly and dragged, to about 71 years, with geriatric- diseases of multi-organ defects. Hence, Help! To instill fairness, with corrective-action, when reveals administrative lapses.
    “JUDGMENTS SHOULD SPEAK, NOT THE JUDGE” similarly your opinion should speak on the“Subjective Text” of my having trailed with injustice, which I am not worthy but for the Administrative lapses.
    Where is the “Equality before ‘LAW’ in practice, but for being on paper and being preached? Sir, the State shall not deny to any person equality before the Law. The meaning of this, all are equal in same line, hence none be neglected, discriminated, as per the Article 14, of the Indian Constitution. Patriotic Ex-serviceman’s / CITIZEN’S CRY, FOR JUSTICE. Despite Circulars and Notifications keep appearing all in my favour of eligibility, to my legitimate claim BUT self unfairly neglected and victimized, thereby deprive of my basic claims of an Ex-serviceman, for my invalidation on medical grounds in 1966, at M.H. Jabalpur, by a constituted Medical Board of the Ministry of Defence, Govt. of India. * Grave Injustice caused by deliberate delay to victimize, by Ego. This concept implied equality for equals and aims at striking down hostile discrimination or oppression of inequality. “Equality before Law and Equal protection of the law” is the equal ‘Justice’. It means that ‘No man is above the Law’ all are equal in the eye of Law. THE RULE OF LAW requires that the discretion conferred upon Executive Authorities, must be contained within clearly defined limits, and not be abused, to their likes and dislikes. JUDGES appointment, needs to be highly filtered on merits, as the fuels and lubricants filtered, for their blending requirement, to meet the required composition, and characteristics.
    Poor realization of facts, lack of competent investigation, by retirees in Armed Forces Tribunal, which had led to all my hardships and mental agony, by deprive of my legitimate “Disability –Pension” for past several years from the time of discharge from the Army, while similar Recruits, even of peace-time, with even six month of service, awarded the Army Disability Pension and enjoying their human rights, through” Paise feko, tamasha deko” owing to rampant corruption, in Chennai Regional Bench, of the A.F.Tribunal, justifying that politicians in power needing funds for the next election expenditure, leading to rampant corruption. Hence, your report, should enable me to get my legitimate basic claim of a SEPOY/SIGNALMAN grade (lowest), basic soldiers “Army Disability Pension”
    1. Re-Wrong Army Service Discharge Code: Xerox Copy of Pg.56 and 57, The Army Rules 1954, Rule 13, as for your ready reference. Which would be found attached as self explanatory.
    2. Xerox Copies of the Original Army Discharge Book, wherein said of reasons to my invalid-ment and discharge from Indian Army, Corps of Signals, is also attached, which would be found self-explanatory.
    3. YOU WOULD BE CONVINCED THAT THE “Condonement of delay is on the part of my employer and authorities in question to overview this genuine legitimate claim, IN FAIR DISCRETION.
    4. * Much older cases considered for pensionary awards. e.g. ESM after 51 yrs. Gets pensioner awards. If there is a will there is a way. My LEGITIMATE CLAIM being basic signalman/sepoy’s grade DISABILITY PENSION
    5. “Suvigya Pension Assessment System derived and displayed by CGCDA website, states self, a pensioner from the time of my discharge from the Indian Army, on feeding my data.
    6. Submission of personal details in standard format to Veterans Cell.
    • 7. “Decisions in sub-judice matters may have some impact on policy making, but the judiciary is not taking upon itself the task of policy making,” the 41st Chief Justice of India (CJI) said at a press conference in the judges’ conference hall in the Supreme Court. Central Government Act, Sec. 31 in the Armed Forces Tribunal Act, 2007, Leave to appeal. Needs amendment to aggrieved (E.S.M.) Ex.Serviceman, seeking justice with fair-play, leaving no monopolistic rights to harm or cause mental injury to the rightful claim. Humble and gentle submission by, Chandran P.K. Fellow – Chartered Engineer and Corporate Lawyer, Research Scholar in Ph.D. (Law). ESM Ex.6286018. Rect. Signal Boys entry into 3 year training in Boys Regiment , and held Boy OC, many of such Ex.Signal Boys got commissioned , hence caused undesired career break, while wished to make a career as an Army Officer,being ESMs son.
    • 8. It’s not business as usual for Armed Forces Tribunal, Chennai Bench, as though they were not standing stripped of weaknesses in Professional Practices (Legal and Administrative Lapses) and not being accused in the Open Court of Public Opinion, learning from hard experiences, moving with the times, or from exposition of lacunae in prevailing system, they pretend to have nothing heard or happened. All owing to the weaknesses of the People’s elected “People s Government in Power”. The Executive and The Judiciary need to be fair.
    • 9. . “A ‘YES MAN’ is a dangerous man. He is a menace. He will go very far. He can become a Minister, a Secretary or a Field Marshal, but he can never become a leader nor, even be respected. He will be used by his superiors, disliked by his colleagues and despised by his subordinates. So, discard the ‘ YES MAN’.” – .. . .. . Field Marshal Sam Manekshaw.
    With Regards. Respectfully Yours,
    * Sd. Authentical system’s copy.
    Ex.6286018 Rect. Signal Boys entry in early age of 15, w/Ser.credibility. in CIVIL. DRAGGED to his old age of 71 years with neglect, discrimination and to deprive and deceit towards total victimization, without fear in god or their own conscience.

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