Injustice done to Chief Justice of Delhi
Members of the bar were tearful at the farewell of Justice A P Shah, Chief Justice Delhi. This fine judge has been denied the promotion to Supreme Court that had been long expected.
IT IS a sad day, when a Chief Justice like Justice A P Shah of Delhi has to retire feeling cheated. Shah did not get his deserved promotion to the Supreme Court, nor was he given any justification for being so denied.
Justice AP Shah has himself demanded reasons for this perceived injustice. He has expressed unwillingness to accept any post-retirement posting.
Supreme Court in an RTI response once replied “Neither Supreme Court nor Chief Justice of India is the appointing or disciplinary authority in respect of Judges of Superior Courts, including judges of High Courts.” Therefore it is up to the President of India to order an enquiry into the matter of depriving Justice AP Shah from being elevated to the Supreme Court. The authority/person responsible for stalling his elevation should be named publicly and action should be taken against it/him if the stalling is found to be without valid reason.
Justice AP Shah has himself demanded reasons for this perceived injustice. He has expressed unwillingness to accept any post-retirement posting.
.Ironically, it is the same collegium of Supreme Court which recommended the undesirable P.D.Dinakaran that has refused to elevate the deserving A.P.Shah. A hard-working judge committed to the cause of justice coupled with highest order of legal acumen, it is the country as a whole which has been deprived of his valuable services in the Apex Court. As the age of retirement of a Supreme Court Judge is 65 years, he is still eligible to be considered for elevation. The collegium owes an explanation to the nation morally as well as legally under the RTI Act for denying his promotion. If the collegium persists in its `secrecy' even now, it would be in the fitness of things that eminent jurists should immediately take up the cause as a PIL to undo such glaring injustice instead of just remaining content with their comments before the media, and the Government should expedite the formation of the long awaited National Judicial Commission to choose the most competent as judges for the country.
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