Ordered case against Alencherry in complete faith
Kochi: Retired Kerala High Court Judge Justice B Kemal Pasha said he was fully confident when he ordered to charge a case against Cardinal Mar George Alencherry in connection with the land deal of Syro-Malabar Church.
When the plea against the Cardinal was filed, the bench, including the Chief Justice, was to consider it. The Chief Justice should have stayed out of hearing the case. A cardinal was summoned in the court with regard to a land deal for the first time in the history of Kerala. So, the public have been watching the case curiously.
He said that he did not know why he was replaced from hearing the case which had generated some suspicion in the public. Justice Kemal Pasha was speaking during an exclusive interview to Mathrubhumi News.
Nobody has approached me putting pressure on giving judgements. It could be because they knew that I am not a person who would yield to pressure. I took the same stand in Alencherry’s case too. I ordered to charge a case against him because I was sure of it. The allegations of hasty hearing of the case are wrong. It was Alencherry’s side who asked for hasty hearing in the case, Kemal Pasha said.
He also criticized the manner in which High Court judges were appointed, saying appointment of judges was not a family property to be partitioned.
In a full court reference held on the eve of his retirement, Justice Kemal Pasha said, "I do not believe that judgeship should be allotted to each and every religion, caste or sub caste."
In his address, he said he had learnt from media that some names from the Bar have been recommended for elevation.
"If the names given by the media are correct. I can very well 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 the judiciary?" he asked.
Justice Pasha said competent lawyers eligible to be elevated are there among the members of the Bar.
"To pick and choose some persons who are not at all competent to be judges and to recommend them for elevation will point fingers towards the system," he said. He said a judge is being considered as a minister of this temple of justice.
"The duty to impart justice is nothing but a divine function also. When persons who have to perform divine functions are to be selected, they should have the capacity for it," Justice Kemal Pasha said.
Justice Pasha also criticized judges aspiring for job from government post retirement. Noting that the government was the major litigant before the courts of law, especially before the High Court, he said.
When a judge is expecting a post-retirement job from the government, normally he will be in a position not to invite displeasure from the government, at least in the year of his retirement.
"There is a common complaint that such judges are not dared to invite displeasure from the Government by expecting such post retirement jobs."
"I believe the words of Hon’ble Mr. Justice S. H. Kapadia and Hon’ble Mr. 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 added.
(With inputs from agencies)