Nueva Delhi: A complete Bank of the Lokpal headed by the former judge of the Supreme Court Am Khanwilkar seems to have lost his time in rediscover five judges in 1991 in the Keeeraswamy trial.
By maintaining that the judges of the Constitutional Court are under the scope of the Lokpal Law and Lokayuktas, 2013, the Full Bank of Lokpal was also against the majority judgment of the SC, which had ruled that no criminal case can be registered against HCS or SC judges without prior consultation with the president of the Supreme Court of India (CJI).
The Bank of the Constitution of SC had said: “If CJI itself is the person against whom accusations of criminal misconduct are received, the government will consult any other judges of the SC.”
“There will be a similar consultation at the stage of examining the question of granting sanction for prosecution and it will be necessary and appropriate that the question of the sanction (for prosecution) is guided by and according to the Council of the CJI,” SC had governed .
SC had unanimously ruled that all judges are public servants. Since the ruling is a verdict of the era prior to the collegiate, when the judges were appointed or transferred by the Government after consulting the CJI, SC had established the procedure to relieve the apprehension that such procedures can be initiated against judges for purposes Collateral
“The CJI is the head of the Judiciary mainly cares about the integrity and impartiality of the Judiciary. A better position to give its opinion in the case and consultation with the CJI would be immense help to the Government when reaching the correct conclusion” , he had said.
Discussing the possible erosion of people’s faith in the Judiciary if CBI’s investigation against a acting judge is made public, SC had said: “Any complaint against a judge and his investigation by CBI, if given Advertising, the impact on the judge and the litigating public will have a long duration.
