CHANDIGARH: Dalip Singh Gill, a close relative of a former President, Giani Zail Singh, created history by seeking a judicial order that all those Punjab and Haryana High Court judges whose “kith and kin” are practicing as advocates at the High Court “should not be allotted any judicial work” and should be “transferred to any other High Court.”
Gill sought this relief in a writ petition which came up for hearing before a Division Bench of the High Court comprising Chief Justice M.S. Liberhan and Justice G.C Garg.
As many as eight sitting Judges have been impleaded by name as respondents to this petition, which also prays for a direction to “erstwhile advocates who are elevated as Judges of the High Court to return the fee charged by them earlier in respect of pending briefs,” or “alternatively to arrange for the cases being argued free of charge by some other lawyers, except their own close relatives,”
The 14-page petition is replete with extracts of newspaper reports containing the views of two former Chief Justice of India, Justice Sabhyasachi Mukarji and Justice E.S. Venkataramiah, on “corruption in the judiciary” and the undesirability of close relations of Judges practicing the same High Court.
One of the reports quotes a letter written by Chief Justice Mukarji to the Chief Justices of different High Counts in the country on July 18,1989, seeking their views on the setting up of a machinery within the judiciary to look into allegations of corruption against Judges. Such a machinery, Justice Mukarji said, could investigate the conduct or misconduct of any Judge either suo moto or whenever any allegation was made against him which gained public credence. He said he was writing the letter in view of recent Press reports highlighting shortcomings in the conduct of Judges,
Two other reports relied upon in the petition are by eminent journalist Kuldip Nayyar citing the views expressed by Chief Justice Venkataramiah, The letter is said to have spoken strongly against sons, sons-in-law and brothers of Judges appearing in the same High Court.
The former Chief Justice of India is quoted to have observed that practically in all the 22 High Courts in the country close relatives of judges were thriving. He demanded that they should be barred from practicing in the same High Court.
According to the petition, Gill’s son, Harjit Inder Singh Gill, a Judicial Officer, was “illegally” charge-sheeted by the High Court and his removal recommended after enquiry. Gill then engaged a lawyer, now on the High Court Bench, for contesting the action in the High Court. He paid him a total sum of Rs 18,000. The advocate, however, advised him to wait till the termination orders of his son were passed by the Haryana government since there was “no hope for any relief” from the High Court since a certain judge of the High Court was “deadly against him.”
The petitioner avers that when the termination order was passed, he requested the lawyer to return the fee of Rs 18,000. The advocate who had since been elevated, however, advised him to engage his brother. Gill alleged that he did $0 and paid the latter an additional sum of Rs 7,000.
Article extracted from this publication >> Aug 14, 1992
