Justice Chelameswar: More transparency needed in collegium meetings

Law Minister Ravi Shankar Prasad wrote the letter days after Justice J Chelameswar, the second senior most judge in the Supreme Court after the CJI, alleged that the Centre was stalling the appointment of PK Bhat even after a probe by the Karnataka HC had absolved him. He had reportedly written in his letter, "We, the judges of the Supreme Court of India, are being accused of ceding our independence and institutional integrity to the executive's incremental encroachment". "I have been in a bit of controversy with regard to this", he said.

In his previous letter, Justice J Chelameswar, had written to the CJI had questioned a controversial probe which came to an end against a senior district and sessions judge after he questioned it. Justice Chelameswar raised question over an inquiry by Karnataka High Court Justice Dinesh Maheshwari against a senior district and sessions judge Krishna Bhat whose elevation was cleared twice by the Supreme Court collegium.

Chelameswar was the lone dissenting voice that ruled in favour of the National Judicial Appointments Commission, which would have broad-based the process for selection of judges and given the executive a say in it, when the Supreme Court scrapped the law passed for creation of the panel. "It is, therefore, our bounden duty and responsibility towards the citizens of our country that we jointly uphold these sacred and noble values", the Minister said.

During the discussion, Justice Chelameswar, while speaking on reforms required in the apex court, said if it happens then as the sanctioned strength of the top court is 31 judges, each state will stake its claim for a seat.

The petition further demanded that the Constitution Bench of the Supreme Court should consist of five seniormost judges - the CJI, Justices Chelameswar, Gogoi, Madan B. Lokur and Kurian Joseph - or a combination of the three seniormost and two juniormost judges. "Every state believes it is entitled for a seat in the Supreme Court", he said.

The collegium had found no force in the accusations levelled by the woman officer at the time of elevating the district Judge to the High Court of Karnataka. As proof, Justice Chelameswar, responding to a question why all the important cases continue to be heard by Chief Justice Misra, responded rather drily: "He is the master of roster".

The other problem, he said, is the policy of transfer of chief justices of high courts.

Bhatt, facing sexual harassment charges by a woman law officer, was recently cleared by the Collegium for a promotion following an enquiry by Karnataka High Court Chief Justice. "If this is done, damage to the society will be minimised". "This court was to decide only constitutional issues", he said.