The rift between Centre and Supreme Court regarding appointment of Higher Judiciary Judges through Collegium System is seemingly out in open for a while now.
Admist this ongoing tussle, external views are also pouring in and in that series, Ex-CJI Ranjan Gogoi has opined that Public Platforms shouldn't be used by Executive to take potshots at Judiciary.
Calling for Statesmanship from both sides, Rajya Sabha MP Mr. Gogoi has advised for a private conversation to resolve the issue.
If the government feels changes are needed to Collegium system, the same should be discussed elsewhere instead of taking potshots at the judiciary on public platforms, he said while speaking at the Surat Literature Festival.
In the address so delivered, he intended to touch upon the 'storm blowing over the Collegium system'.
"It calls for astute, leadership and statesmanship from both sides. It is not a question of who is superior or who should have the last say in the matter of appointment of judges. If the appointments need changes as the political executive feels then an appropriate place to discuss is elsewhere and not public platforms where you take potshots at the judiciary. If judges feel there is a point then judicial seat is not the place to address it from", he said.
The Former CJI went on to brush upon other issues requiring attention as well. He majorily highlighted the 'pendency of cases', calling it 'a matter of concern requiring special attention of all the stakeholders'.
He stated that Government is the biggest litigator and that only adds to pressure and doesn't help otherwise. Mr. Gogoi was of the view that there exists a huge room for improvement in State Litigations and they should avoid approaching Courts unless aggrieved.
Elaborating on the problem, he said that Government files appeals in every other matter as nobody wants to take responsibility and be held accountable later on.
"The problem with our country is no one wants to take decisions or responsibilities. For the smallest of things attitude is if we are take to decision we are to be penalized. Parliamentary committees or superiors will ask hundreds of questions. So (they think) best is not to do it and go to courts , let court decide and we will implement," he said.
Mentioning that Parliament is proceeding to repeal obsolete laws, Mr. Ranjan Gogoi said that it should also examine the Criminal Procedure Code, Civil Procedure Code and other procedural laws so as to eliminate the unneccessary cumbersome excercises, making the day-to-day administration of justice viable and efficient.
""The parliament is repealing some obsolete laws. I am not on that. But I am on day-to-day administration of justice. I am talking about CPC [Civil Procedure Code] and CrPC [Criminal Procedure Code]. Every decree has a three-tier journey. Can we not engraft some of the principles of execution of decrees while hearing the suit. This will call for examination of CPC. Have we thought about it? No. Have we started it ? No", he questioned.
Throwing light on laxity occuring to criminal cases in appellate stage, the Former CJI stated that it renders some matters infructuous and the matter fails resultantly.
"Murder trials etc take 3 years but it gets stuck in appellate stage. How many appeals in bigger High Courts like Allahabad etc have become infructuous because accused is no more ? Has an excercise been done ? No", he questioned.
Mr. Gogoi also commented on the work culture of Judges and stated that there is need of more commitment and passion than the usual 9-5 style in making justice delivery efficient.
"Are we looking for people for whom judgeship is not a 9-to-5 job but about passion and commitment? Have the right person at the right place and you do not have to worry about judge to population ratio. Get people with commitment and people who have commitment, identify them and protect them. I know many young people who became judges but regretted it because system could not protect them."
On the debate surrounding Uniform Civil Code, he said that the same should be left for discussion by Parliament and other appropriate forums.
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(With input from news agency language)
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