New Delhi: While judges of superior courts are protected by many safeguards, the same protections act as a deterrent for taking action against someone seen as going astray, former Supreme Court Judge Justice Hrishikesh Roy has said.
“Judges of superior courts are protected by so many safeguards so they can render judgments free of fear or favour and that is a fundamental thing – to ensure so that judges act true to their oath and the Constitution,” Roy, who demitted office on January 31 after a judicial career spanning two decades, told Bar and Bench in an interview.
“Now the very same protection by law acts as a deterrent for taking action against someone seen as going astray. The only way is the impeachment process, which you and I know is very ineffective. The other process is of in-house inquiry, that is underway here. Taking away judicial work is another option…The present law does not have an effective answer to deal with this kind of situation,” Roy added, while speaking on the issue about the controversial remarks made recently by Allahabad High Court Judge Justice Shekhar Kumar Yadav.
Justice Roy, who was part of the collegium that interacted with Justice Yadav after the latter’s controversial remarks at an event organised by the Vishwa Hindu Parishad (VHP) said that an in-house inquiry after an apology didn’t come from Justice Yadav despite the fact that he gave an assurance that it will be tendered.
“In private, he said he was ready to apologise to all 5 of us (Collegium judges). But he was told that the apology in a closed room would not do, that he must do it in a public forum. He agreed to do so, but eventually it did not happen,” said Justice Roy.
