BCI criticises Justice Chelameswar for giving interviews to media, asks him to introspect

Satya Prakash

Tribune News Service

New Delhi, June 25

Joining issue with former Supreme Court judge J Chelameswar, the Bar Council of India (BCI) has criticised him for giving interviews to the media and giving "controversial and irrelevant statements immediately upon retirement".

"Self restraint by the Hon'ble judges of the highest court seems to be a forgotten virtue," the BCI - which regulates the legal profession in India - said in a statement signed by its chairman Manan Kumar Mishra and four other office-bearers.

Justice Chelameswar - who demitted office on June 22 after a controversial stint as a judge of the Supreme Court - had given interviews to several media outlets and raised questions about functioning of the Supreme Court Collegium, justified the January 12 press conference by him and three other senior-most judges and said the judiciary needed a course correction.

However, the BCI said such statements cannot be tolerated, accepted or digested by advocates and the rest of the countrymen.

"The manner in which Hon'ble Justice Chelameswar went to the media and gave controversial and irrelevant statements immediately upon retirement, was not expected of a person holding such a high post and was in fact against the dignity of the post he held. Such statements and comments are liable to be deprecated," the top bar body said.

"Any and every judge should first do a self introspection and look at himself/herself, their actions, deeds before making or issuing any statements against the judiciary and they should make concerted efforts to safeguard and to maintain the dignity and decorum of the institution," the BCI said.

It took exception to the alleged use of words such as "Bench fixing" by Justice Chelameswar.

"Now if a handful of lawyers of the highest court filed matter/s and mentioned it before Justice Chelameswar and other chosen judges, and tried to get it listed, then that would have been "Bench fixing". Such instances have been repeated not once but on two-three occasions. Justice Chelameswar should have raised an objection at that point in time.

"But Justice Chelameswar did not do so and, in fact accepted and agreed to hear certain matters himself which led to beginning of a wrong practice. Had such irregular or unlawful orders been sought to be set aside by the Chief Justice (of India) or by some other judge then there would have been no harm done," the BCI stated.

It also criticised him for the January 12 presser and meeting politicians, saying the damage done to the institution by it would take a long time to repair and rectify.

The statement went on to claim that 99.9% of the legal fraternity and the judges saw through the "ulterior motive and mindset" of such people who attempted to bring disrepute to the institution for their "vested interests".

It went on to say that some selfish people - political leaders, advocates and some judges included - attempted to misuse and malign the judiciary but they "woefully failed".