Judges appointing judges a myth, many players involved-CJI

Chief Justice of India (CJI) N V Raman has defended the Collegium system and said that "Judges appointing judges" is a a widely propagated myth. The CJI was speaking on the topic, 'Indian Judiciary - Challenges of future' at Vijayawada for the fifth late Sri Lavu Venkateswarlu Endowment Lecture held in the memory of the father of Supreme Court judge, Justice L Nageswara Rao on Sunday.  The CJI maintained that there many players involved in the process of appointment of judges to the Constitutional courts including the Union Law Ministry, State governments, Governors of States, High Court Collegia, Intelligence Bureau, and lastly, the topmost executive all play a role in appointment of judges.

He also said that in recent times, physical attacks on judicial officers are on the rise and at times, there are concerted campaigns in the print and social media against judges if parties do not get a favourable order while these attacks appear to be "sponsored and synchronised." There is a need to liberate the institution of public prosecutors. Total independence must be granted to them and to make them answerable only to the Courts, he said. Appreciating the Centre for its efforts on appointing more judges, he said, some recommendations made by High Courts are yet to be transmitted to the Supreme Court by the Union Law Ministry. It is expected that the Government needs to strictly adhere to the timelines laid down in the Malik Mazhar Case. He said historically, prosecutors in India have been under the control of the government.

The law enforcing agencies, particularly the specialised agencies, need to deal with malicious attacks on judiciary effectively, the CJI said, adding that it was unfortunate that unless the Court interfered and passed orders, the authorities generally do not proceed with the investigation. "The Governments are expected and duty bound to create a secure environment so that the judges and judicial officers can function fearlessly," he said. New media tools have enormous amplifying ability, but appear to be incapable of distinguishing between right and wrong, good and bad and the real and fake. Media trials cannot be a guiding factor in deciding cases, he further said.