Posting of judges not a family affair: Justice B Kemal Pasha

Kochi: Retiring judge of Kerala High Court Justice B. Kemal Pasha on Thursday came down heavily on certain trends in judges’ appointment saying that “it is not something to be partitioned like a family property.” “I do not believe that judgeship should be allotted to each and every religion, caste or sub- caste. I learn from the media that some names from the Bar have been recommended for elevation. If the names given by the media are correct, I can say that most of the judges of this court, including me, have no good fortune to see even the faces of some of those persons. Is it good for judiciary?” he asked in a lighter vein during a farewell speech at the Kerala High Court.

He also said that to pick and choose some persons who are not at all competent to be judges and to recommend them for elevation will point the fingers towards the system. "Judges should not receive government postings at least for three years after retirement to avoid allegations of partisanship during the tenure. Government is the major litigant before the courts of law, especially the High Court. When a judge is expecting a post-retirement job from the government, normally he/she will be in a position not to invite the displeasure from the government; at least in the year of retirement," he said.

There is a common complaint that such judges do not dare to invite the displeasure from the government by expecting such post-retirement jobs. "I believe the words of Justice S.H. Kapadia and Justice T.S. Thakur that any judge shall not accept any salaried job under the government at least for a cooling period of three years from his/her retirement," he said. The great glory achieved by the High Court in the past decades by the hard work of judges and the Bar has considerably diminished to due to some recent incidents here, he said. It has tarnished the image of the institution.