Should we not learn a couple of things from the Great Judge, Justice Chelameswar, who amidst the cacophony of crude public discourse over "issues" and "non issues", quietly packed his bags , left his bungalow and went to his village on the very day he retired ? Justice Chelameswar would not seek/accept post retirement assignment. He will not join politics. He will teach on his own terms and he will write.
Let me write a few lines on post retirement assignments. Over the years, governments with alacrity have appointed Inquiry Commissions on many issues including issues which could perhaps be handled through a Magisterial Inquiry. They have been liberal in granting extensions. There could be cases --- it is quite common in this land of Lord Jagannath--- where governments have not made Report public. This pattern has suited them admirably in different ways. It has been a carrot that has been dangled to make friends . It has diverted public attention from many issues, In the long run, it has helped the Executive to emerge as the Big Brother and winner in a disposition where it has been the largest litigant-- some even say "compulsive litigant".
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23-06-2018
Let me write a few lines on post retirement assignments. Over the years, governments with alacrity have appointed Inquiry Commissions on many issues including issues which could perhaps be handled through a Magisterial Inquiry. They have been liberal in granting extensions. There could be cases --- it is quite common in this land of Lord Jagannath--- where governments have not made Report public. This pattern has suited them admirably in different ways. It has been a carrot that has been dangled to make friends . It has diverted public attention from many issues, In the long run, it has helped the Executive to emerge as the Big Brother and winner in a disposition where it has been the largest litigant-- some even say "compulsive litigant".
If post retirement engagement of judicial luminaries is unavoidable, then should we not explore a new modality? I have a suggestion in this regard. Let retiring judges be given an option to register their names if they are willing to take up a post retirement assignment. Let the list be maintained at the level of the Apex Court. Governments, both Centre and States, should ask for a luminary for the Commission or other assignment from that panel and the selected luminary MUST NOT be from the state where he served.
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23-06-2018
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