The Hindu : Front Page : CJI slams Minister’s call to High Court judge

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Wednesday, Jul 01, 2009
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CJI slams Minister’s call to High Court judge

J. Venkatesan

New Delhi: Chief Justice of India K.G. Balakrishnan said on Tuesday that the telephonic call made by a Union Minister to Justice R. Reghupathi of the Madras High Court in a case relating to anticipatory bail amounted to interference in the judiciary.

Speaking to The Hindu, the CJI said: “It is really unfortunate that such an incident has happened. If the Minister had spoken to the Judge [as stated by him] then really it is an interference with judiciary. No judge can pass orders like that.”

Asked whether such interference was not a threat to the judiciary, the CJI said: “It [interference] is not a common thing or a general problem in the judiciary, it happens very rarely. It shows the person [Minister] is not fully conversant with the judicial functioning.”

Asked whether he would order a probe into the whole episode, Mr. Justice Balakrishnan said, “I have not received any report. The Judge himself has not revealed the name [of the Minister].”

Sack Minister: BJP

Meanwhile, BJP leader Ravi Shankar Prasad said: “It [interference] is a clear case of contempt of court. The Judge will have to divulge the name of the Minister. We hope Prime Minister Manmohan Singh will examine the matter at his own level and sack the Minister.”

Outrage

PTI reports:

Justice Reghupathi’s revelation sparked outrage in the legal fraternity, which wanted immediate action against the person. The Union government said it would look into the allegation.

“Let me verify the case first, then I can comment on it. It is only through the media that I came to know that this particular thing has happened. Let me see what has happened,” Law Minister Veerappa Moily said.

Contempt of court

The former Chief Justice of India, J.S. Verma, said action should be taken against the Minister as the matter was a “serious contempt of court.”

“There is no point of punishing someone for a small offence if you don’t take action against the powerful and the high and mighty,” Justice (retd.) Verma said.

Constitutional lawyer Prashant Bhushan said contempt of court proceedings should be immediately instituted against the Minister whose conduct was “very serious and objectionable.”

Mr. Bhushan said interfering with judicial matters or influencing a judge to give anticipatory bail or any decision was held to be a clear contempt of court.

Veteran lawyer Fali Nariman said the Judge had done the “correct thing” and shown “great courage” in coming out in the open about the Minister’s conduct.

The Bar Council of India said the Judge should initiate contempt proceedings against the Minister.

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