KGB wasn’t even qualified to be HC judge, say records Advocate PA Chandran, a Dalit lawyer with a career track record of three decades in the Kerala High Court and founder of SC/ST lawyers’ organisation – the Lawyers Centre for Social Justice — p
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Om B
Jun 19, 2011, 11:00:24 AM6/19/11
to bharatswabhimantrust
KGB wasn’t even qualified to be HC judge, say records
Advocate PA Chandran, a Dalit lawyer with a career track record of
three decades in the Kerala High Court and founder of SC/ST lawyers’
organisation – the Lawyers Centre for Social Justice — provides
compelling evidence to Firstpost investigative partner VK Shashikumar
to claim that KG Balakrishnan’s appointment to the higher judiciary
violated Article 217 of the Indian Constitution.
Advocate PA Chandran lives in Thrissur and regularly travels two hours
to Kochi to argue cases in the Kerala High Court. He has been
practicing in the High Court for more than 30 years. Like former Chief
Justice of India KG Balakrishnan, he too belongs to a Dalit family and
is an active Congress party worker.
In 2009 he was a serious contender for the post of High Court judge.
He believes he was denied appointment because he lacked political
mentors. “I’ve no regrets, except that a division bench of the Supreme
Court consisting of Justice RV Raveendran and Justice B Sudarshan
Reddy dismissed my petition challenging the appointment of Justice KG
Balakrishnan as the Chief Justice of India.”
The legal complication arising out of Balakrishnan’s rise is pegged to
the constitutional provisions prescribing minimum qualifications to be
a High Court judge.
Chandran filed the petition on 6 July 2009 — almost a year before
Balakrishnan was due to retire — and it was dismissed 11 days later on
17 July. In his petition, Chandran argued that Justice Balakrishnan
was appointed as a judge to the Kerala High Court without having the
requisite minimum qualifications.
“The petition was never listed and the Registrar of the Supreme Court
merely gave it a ‘Diary Number, No.19290/09, and posted the case as
the last item (No 57). The petition was given ‘Diary Number’ to avoid
a Judges Committee discussion on the merits of the petition,” alleges
Chandran.
“I’ve filed the petition with all relevant documents. But the division
bench dismissed the case without citing any reason.”
In his petition, Chandran has cited the Curriculum Vitae published by
the Kerala High Court and the Supreme Court as evidence that
Balakrishnan did not meet the minimum qualifications prescribed for
being selected a judge of the High Court. According to the official
records of the Kerala High Court, Balakrishnan’s career record is as
follows:
1967: B.L. Degree
16 March 1968: Began practice at Kottayam
1971: LL.M
10 January 1973: Appointed as Munsiff (he claimed to have practiced
for 4 years and 10 months)
20 March 1983: Resigned from subordinate judicial service
26 September 1985: Appointed Additional Judge of Kerala High Court
The legal complication arising out of Balakrishnan’s rise is pegged to
the constitutional provisions prescribing minimum qualifications to be
a High Court judge. Balakrishnan held a position in the Subordinate
Judicial Service, which consists exclusively of “persons intended to
fill up the posts of district judges and other posts and other civil
judicial posts inferior to the post of district judge.” (Article 233,
Chapter VI)
According to Chandran, “when Balakrishnan was appointed to the Kerala
High Court as judge he was at the most qualified to be a district
judge.” Moreover, Article 217, Chapter V relating to qualification for
appointment as High Court judge prescribes that the candidate should
have held a judicial office for at least 10 years, or has been an
advocate of the High Court for “at least 10 years.”
Justice Balakrishnan’s career record shows that on both these counts
his experience was inadequate.
Chandran had earlier argued that Balakrishnan should be impeached and
removed from the position. But a division Bench of the Supreme Court
dismissed the plea. “If the Supreme Court had verified the merits of
the petition on legal grounds, the present embarrassment for the
Indian judiciary would not have happened,” he said.
“Now we need a transparent judicial appointments committee that can
ensure qualified judges in the judiciary. This is the only way to
ensure that corrupt persons are weeded out from the Indian judiciary.
Otherwise, tomorrow another KGB will be appointed as a judge in the
high court and his family will loot the country. The commissions and
omissions of the judges can destabilize our democracy,” said Chandran
Meanwhile, Advocate KV Kumaran, Chairman, Kerala SC-ST Protection
Council & General Convenor SC-ST Joint Action Council, says that
government erred in the appointment of Justice Balakrishnan. The 83-
year-old Kumaran, son of legendary Dalit leader KP Vallone, had filed
petitions before the President of India, the Prime Minister and the
Director of the CBI challenging the appointment of Justice
Balakrishnan as Chief Justice of India.
Kumaran, like Chandran, said that the government violated Article 217
of the Constitution by appointing Justice Balakrishnan because he
lacked the minimum qualifications to be a judge.
Kumaran also alleges that Justice Balakrishnan is a member of a Dalit
Christian family and his father, Lukose, reconverted to Hinduism to
secure a job in state government service. His uncle, who remained a
Dalit Christian, retired from government service as Assistant Director
of Fisheries. Justice Balakrishnan married a Christian, Nirmala, when
he was working as a Munsiff.
Kumaran claims that the World Council of Churches sponsored the study
programme of Justice Balakrishnan’s daughter, Sony, and his son-in-law
Sreenijan in London. This was done when there was a Dalit Christian
case pending in the Supreme Court, he alleges. According to Kumaran,
this is enough evidence to show that Justice Balakrishnan abused his
position and office as a judge of the Supreme Court.
“Justice KG Balakrishnan has a vicarious responsibility for the
misdeeds of his family members. His family has stolen public property
misusing his office and position. So he doesn’t have the immunity of a
judge and currently he is only Chairman of the National Human Rights
Commission. The allegations against his family members fall under the
category of public corruption. He has facilitated their corruption
while in office. So the CBI should register a case against him and
prosecute him after a detailed investigation,” Kumaran demanded.
http://www.firstpost.com/politics/kgbs-cv-says-he-wasnt-even-qualified-to-be-hc-judge-25920.html
Advocate PA Chandran, a Dalit lawyer with a career track record of
three decades in the Kerala High Court and founder of SC/ST lawyers’
organisation – the Lawyers Centre for Social Justice — provides
compelling evidence to Firstpost investigative partner VK Shashikumar
to claim that KG Balakrishnan’s appointment to the higher judiciary
violated Article 217 of the Indian Constitution.
Advocate PA Chandran lives in Thrissur and regularly travels two hours
to Kochi to argue cases in the Kerala High Court. He has been
practicing in the High Court for more than 30 years. Like former Chief
Justice of India KG Balakrishnan, he too belongs to a Dalit family and
is an active Congress party worker.
In 2009 he was a serious contender for the post of High Court judge.
He believes he was denied appointment because he lacked political
mentors. “I’ve no regrets, except that a division bench of the Supreme
Court consisting of Justice RV Raveendran and Justice B Sudarshan
Reddy dismissed my petition challenging the appointment of Justice KG
Balakrishnan as the Chief Justice of India.”
The legal complication arising out of Balakrishnan’s rise is pegged to
the constitutional provisions prescribing minimum qualifications to be
a High Court judge.
Chandran filed the petition on 6 July 2009 — almost a year before
Balakrishnan was due to retire — and it was dismissed 11 days later on
17 July. In his petition, Chandran argued that Justice Balakrishnan
was appointed as a judge to the Kerala High Court without having the
requisite minimum qualifications.
“The petition was never listed and the Registrar of the Supreme Court
merely gave it a ‘Diary Number, No.19290/09, and posted the case as
the last item (No 57). The petition was given ‘Diary Number’ to avoid
a Judges Committee discussion on the merits of the petition,” alleges
Chandran.
“I’ve filed the petition with all relevant documents. But the division
bench dismissed the case without citing any reason.”
In his petition, Chandran has cited the Curriculum Vitae published by
the Kerala High Court and the Supreme Court as evidence that
Balakrishnan did not meet the minimum qualifications prescribed for
being selected a judge of the High Court. According to the official
records of the Kerala High Court, Balakrishnan’s career record is as
follows:
1967: B.L. Degree
16 March 1968: Began practice at Kottayam
1971: LL.M
10 January 1973: Appointed as Munsiff (he claimed to have practiced
for 4 years and 10 months)
20 March 1983: Resigned from subordinate judicial service
26 September 1985: Appointed Additional Judge of Kerala High Court
The legal complication arising out of Balakrishnan’s rise is pegged to
the constitutional provisions prescribing minimum qualifications to be
a High Court judge. Balakrishnan held a position in the Subordinate
Judicial Service, which consists exclusively of “persons intended to
fill up the posts of district judges and other posts and other civil
judicial posts inferior to the post of district judge.” (Article 233,
Chapter VI)
According to Chandran, “when Balakrishnan was appointed to the Kerala
High Court as judge he was at the most qualified to be a district
judge.” Moreover, Article 217, Chapter V relating to qualification for
appointment as High Court judge prescribes that the candidate should
have held a judicial office for at least 10 years, or has been an
advocate of the High Court for “at least 10 years.”
Justice Balakrishnan’s career record shows that on both these counts
his experience was inadequate.
Chandran had earlier argued that Balakrishnan should be impeached and
removed from the position. But a division Bench of the Supreme Court
dismissed the plea. “If the Supreme Court had verified the merits of
the petition on legal grounds, the present embarrassment for the
Indian judiciary would not have happened,” he said.
“Now we need a transparent judicial appointments committee that can
ensure qualified judges in the judiciary. This is the only way to
ensure that corrupt persons are weeded out from the Indian judiciary.
Otherwise, tomorrow another KGB will be appointed as a judge in the
high court and his family will loot the country. The commissions and
omissions of the judges can destabilize our democracy,” said Chandran
Meanwhile, Advocate KV Kumaran, Chairman, Kerala SC-ST Protection
Council & General Convenor SC-ST Joint Action Council, says that
government erred in the appointment of Justice Balakrishnan. The 83-
year-old Kumaran, son of legendary Dalit leader KP Vallone, had filed
petitions before the President of India, the Prime Minister and the
Director of the CBI challenging the appointment of Justice
Balakrishnan as Chief Justice of India.
Kumaran, like Chandran, said that the government violated Article 217
of the Constitution by appointing Justice Balakrishnan because he
lacked the minimum qualifications to be a judge.
Kumaran also alleges that Justice Balakrishnan is a member of a Dalit
Christian family and his father, Lukose, reconverted to Hinduism to
secure a job in state government service. His uncle, who remained a
Dalit Christian, retired from government service as Assistant Director
of Fisheries. Justice Balakrishnan married a Christian, Nirmala, when
he was working as a Munsiff.
Kumaran claims that the World Council of Churches sponsored the study
programme of Justice Balakrishnan’s daughter, Sony, and his son-in-law
Sreenijan in London. This was done when there was a Dalit Christian
case pending in the Supreme Court, he alleges. According to Kumaran,
this is enough evidence to show that Justice Balakrishnan abused his
position and office as a judge of the Supreme Court.
“Justice KG Balakrishnan has a vicarious responsibility for the
misdeeds of his family members. His family has stolen public property
misusing his office and position. So he doesn’t have the immunity of a
judge and currently he is only Chairman of the National Human Rights
Commission. The allegations against his family members fall under the
category of public corruption. He has facilitated their corruption
while in office. So the CBI should register a case against him and
prosecute him after a detailed investigation,” Kumaran demanded.
http://www.firstpost.com/politics/kgbs-cv-says-he-wasnt-even-qualified-to-be-hc-judge-25920.html
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