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Nazki's appointment mocks judicial appointment system
Nazki's appointment as Orissa Chief Justice did nothing more than, imposing an additional burden of Rs 75 lakhs for Orissa, because of the retirement benefits that he has automatically become entitled to due to his official capacity in the state.
RECENTLY, JUSTICE Bilal Nazki was appointed as the Orissa Chief Justice just for three days, before his retirement at the age of 62 years. The move wasn’t for any judicial purpose, but to just make him eligible for becoming the Chairperson of Jammu and Kashmir Human Rights Commission.
 
Such a move did nothing more than imposing an additional burden of Rs 75 lakhs for Orissa, because of the retirement benefits that he has automatically become entitled to due to his official capacity in the state. Further, the country does not have any chairperson for its National Human Rights Commission. There are two eligible retired Chief Justices of India who could have been given the important post.
 
A writ petition on the aspect is already pending at Delhi High Court.
It is time for the Union government to ensure that judicial appointment is no longer mocked, in the manner of Nazki’s appointment. It should carry out the following judicial reforms on an urgent basis:
 
Retired Supreme Court judges should be eligible for the National Human Right Commission, while retired High Court judges may be eligible for state human rights commissions.
 
Only those persons should be appointed in the judiciary, who can serve for at least a year, before their retirement. Retirement benefits of judges should be at par with those of the Chief Justice. Retirement age of High Court judges should be 65 years, on par with that of Supreme Court judges.
· The Chief Justice of India should be by rotation, for one year each and chosen from the senior most   judges of the apex court.
 
 
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COMMENTS (3)
.Also, the pension of a retired judge is payed from the 'consolidated fund of india' in accordance with Articale 112(3) of the constitution of India. The fund is maintained by the central government. I fail to understand how Orissa is burdened.
.I request you to please ascertain facts before publishing them. I am Justice Nazki's son and I want you to know the following facts which are verifiable easily: 1. The Human Rights Commission in J&K has already got a chairman for next 4 years. 2. As per the constitution of J&K state, there is no requirement for the chairman of the SHRC to be a retired CJ. The current incumbent of the position, for your information, is a retired HC judge and the former was a retired District Judge. 3. Justice Nazki is not interested in becoming the Chairman of the SHRC. I do agree with you that the decision makers must act judiciously, however that is a separate debate beyond the scope of this forum.
1 Replies
Well said Sir !! Fully agree with you. Thanks for the cliarification, this was required as rumours become gospel truths. It hurts to see wrong insinuations to very good judge and human being like your father.
.“The CJ disposed about 100 cases on his last day of work. Though he was interested to dispose more cases, the officials could not make all the documents ready,” a court official said. IT IS THE FLAW OF THE SYSTEM AND NOT OF THE INCUMBENT, AS PORTRAYED BY THIS ARTICLE
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