The Apex court on Wednesday dismissed the Public Interest Litigation (PIL) which was seeking a 2-year cooling off period before the appointment of Judges of Supreme Court and High court to any political offices as it undermines common people believe in independence of Judiciary .
The bench led by Justice Sanjay Kishan Kaul and Sudhanshu Dhulia said that plea cannot be entertained as court cannot interfere with the discretion of a judge, and if there is any issue on the appointment , a law must be brought to regulate that .
The PIL by Bombay lawyers association particularly mentioned the appointment of Justice S.Abdul Nazeer as the Governor of Andhra Pradesh only after retiring his office a month ago. The plea contended that Judiciary has to maintain its independence and rule of law so it must refrain judges from accepting political offers and prescribe a cooling off period of 2 years.
As Justice Nazeer was the part of a controversial judgement of Ayodhya-Ram Janambhoomi, the petitioner claimed that people’s perception is adversely affected as they question judiciary’s independence and fears that if a judge is nearing its retirement he would probably decide cases in the favour of the government for getting favourable post retirement positions in public offices.
The PIL also sought an interim relief by asking court to direct judges of Supreme Court and high court to not to take any political office until the legislature makes any law to regulate the matter.
But the PIL filed under article 32 was termed as “frivolous” and hence dismissed .
The PIL by Bombay lawyer’s association was filed by advocate Manish Kumar Gupta and advocate Ahmed Abdi appeared for lawyer’s body.
Case: Bombay Lawyers association v. UOI DAIRY NO. 23007 OF 2023.
WRITTEN BY : VIDHI MAHAJAN ,A STUDENT OF GURU NANAK DEV UNIVERSITY , AMRITSAR AND A LEGAL INTERN UNDER LEGAL VIDHIYA.
