Rajya Sabha MPs ask Law Minister if there are retired Supreme Court judges who are part of ‘anti-India gang’

Responding to a written question from two members of Rajya Sabha, “if the , Union Minister for Law and Justice, a few former judges of the Supreme Court are part of an anti-India gang,” law Minister Kiren Rijiju told the Upper House that the complaints were with his ministry with respect to sitting and retired judges relate only to the appointment and tenure of provisional members of the higher judiciary.

Mr. Rijiju answered a question from Samajwadi Party member Javed Ali Khan and Janata Dal-United’s Ram Nath Thakur on “Several former Supreme Court Justices are part of an anti-India gang”.

The minister was also asked to disclose the source of the information and whether the government informed the Indian Chief Justice and the Union Home ministry for reasons of national security.

The minister made the statement in a written reply to the Rajya Sabha during the budget session that ended on Thursday.

While Rijiju did not directly answer the four sub-questions in the English version of the written answer, he answered no in the Hindi version.

He answered all four sub-questions with “ji nahin”.

“From time to time, the Justice Department (within the Justice Department) receives complaints against Supreme Court and Supreme Court justices, both retired and serving. The Department of Justice deals only with the appointment and tenure of sitting Supreme Court Justices and Superior Court Justices,” he said become Justice Department.

He also said complaints against retired Supreme Court and Supreme Court justices would not be reviewed by the Justice Department.

“Internal mechanism”

The Minister noted that the responsibility of the higher judiciary was guaranteed by an “internal mechanism” and recalled that the Supreme Court, in the plenary session of May 7, 1997, had adopted two resolutions: one on reviewing the Values ​​of judges’ life, and the second with an internal procedure to take appropriate corrective action against judges who do not respect the generally accepted values ​​of judges’ life.

 According to the “internal mechanism” set up for the higher judiciary, the CJI is responsible for receiving complaints about the behaviour of the judges of the Supreme Court and the Presidents of the Supreme Courts. Similarly, the Chief Justices of the Supreme Courts have jurisdiction to receive complaints about the conduct of high Court judges.

“Complaints/statements received by the department of Justice will be referred to the Chief Justice of India or the Chief Justice, as the case may be, for appropriate action to be taken,” he added.

In response to a follow-up question by Congresswoman Amee Yajnioka, who referred to a study to determine whether 70 out of 100 retired Supreme Court justices returned to work after retirement and whether it would affect judicial independence, the minister said that this was the case Information was not centralized by the Justice Department as post-retirement posts in courts and other constitutional posts were filled by different ministries and departments according to established rules.

Written by -Anushka yadav student of the ba.llb 2^nd semester at Rnb global University bikaner Rajasthan

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