Judiciary confused about ways of dealing with errant judges ……. (MoneyLife)0
RTI petitions yield confusing information on receiving complaints about judges of superior courts
It looks like confusion exists within the judiciary itself about ways of dealing with errant judges. Two different RTI queries have yielded contradictory answers from former Chief Justice of India YK Sabharwal and the Department of Justice on the procedure to deal with complaints received by Chief Justices of the Supreme Court and high courts against judges of higher courts.
In October 2011, RTI activist Subhas Chandra Agrawal filed a query with the Department of Justice, seeking information on commissions constituted to probe tainted judges PD Dinakaran and Soumitra Sen. He also asked about the benefits allowed to judges who resign before enquiry or impeachment proceedings start; and powers of the chief justice of a high court and the Chief Justice of India to receive complaints against judges of superior courts and taking action against them.
In reply, the CPIO (chief public information officer) on 12th November provided a detailed response to his queries. He clearly mentioned the duties of the Chief Justice of India and that of a high court on receipt of a complaint against a judge belonging to a high court or Supreme Court—elaborately describing the procedure of filing complaints, setting up of probe committees and initiating action of removal of the said judge(s).
However, the information clearly contradicts a statement made by former Chief Justice YK Sabharwal, which was quoted in an RTI response from Supreme Court Registry dated 21st April 2006. Mr Agarwal had asked the same question, the reply to which quoted an order by the then chief justice that said, “Neither Supreme Court or Chief Justice of India is the appointing or disciplinary authority with respect to judges of superior courts, including judges of high courts.”