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CJI chose his nephew as HC judge, former judge Oka said - I do not do this at all; also spoke on RSS
Abhay S Oka Remark on Collegium: Former Supreme Court judge Abhay S. Oka has questioned a decision of Chief Justice BR Gavai. This matter came to light when the name of Justice Gavai's nephew Raj Wakode was proposed for the Bombay High Court judge. Last week, the collegium recommended his name. On this, Justice Oka said that if he were the Chief Justice, he would have separated himself from such a collegium. This news is again sparking a new debate on the process of appointments in the judiciary.
Justice Abhay S. Oka stressed that any judge whose relative's name is discussed in the collegium should immediately separate himself from this process. He says that on one hand the question arises that if a candidate is fully qualified, should he not get a chance just because one of his relatives is in the judiciary? But on the other hand, to maintain transparency and dignity, it is necessary that the Chief Justice distances himself from such cases.
Question of transparency in judiciary
Justice Oka said that he does not know whether Justice Gavai had recused himself in this case or not, but it would have been right to do so. He suggested that if such a case comes to the fore, then the Chief Justice should separate himself from this collegium and expand the collegium by including another senior judge. Only after this the name of the person concerned should be considered. Justice Oka called it a question of dignity of the system, the definition of which can be different for every person. When asked what he would have done if he himself were in such a situation, he said that this is a hypothetical question but if he were, then he would not have allowed such a situation to arise.
Also answered on relations with RSS
Justice Oka also spoke openly on the discussions of his relations with RSS at the beginning of his career. He clarified that his father lived till 2017, while he became a judge in 2003. He said that his father never went to the RSS branch. He was definitely associated with only one or two such trusts, which also had links with RSS people. Therefore, it is wrong to say that his father was a member of RSS. Justice Oka said that after becoming a judge, a person changes completely and he takes oath only on the Constitution. Every decision is taken on the basis of the ideals and laws of the Constitution.
Abhay S Oka Remark on Collegium: Former Supreme Court judge Abhay S. Oka has questioned a decision of Chief Justice BR Gavai. This matter came to light when the name of Justice Gavai's nephew Raj Wakode was proposed for the Bombay High Court judge. Last week, the collegium recommended his name. On this, Justice Oka said that if he were the Chief Justice, he would have separated himself from such a collegium. This news is again sparking a new debate on the process of appointments in the judiciary.
Justice Abhay S. Oka stressed that any judge whose relative's name is discussed in the collegium should immediately separate himself from this process. He says that on one hand the question arises that if a candidate is fully qualified, should he not get a chance just because one of his relatives is in the judiciary? But on the other hand, to maintain transparency and dignity, it is necessary that the Chief Justice distances himself from such cases.
Question of transparency in judiciary
Justice Oka said that he does not know whether Justice Gavai had recused himself in this case or not, but it would have been right to do so. He suggested that if such a case comes to the fore, then the Chief Justice should separate himself from this collegium and expand the collegium by including another senior judge. Only after this the name of the person concerned should be considered. Justice Oka called it a question of dignity of the system, the definition of which can be different for every person. When asked what he would have done if he himself were in such a situation, he said that this is a hypothetical question but if he were, then he would not have allowed such a situation to arise.
Also answered on relations with RSS
Justice Oka also spoke openly on the discussions of his relations with RSS at the beginning of his career. He clarified that his father lived till 2017, while he became a judge in 2003. He said that his father never went to the RSS branch. He was definitely associated with only one or two such trusts, which also had links with RSS people. Therefore, it is wrong to say that his father was a member of RSS. Justice Oka said that after becoming a judge, a person changes completely and he takes oath only on the Constitution. Every decision is taken on the basis of the ideals and laws of the Constitution.
Justice Abhay S. Oka stressed that any judge whose relative's name is discussed in the collegium should immediately separate himself from this process. He says that on one hand the question arises that if a candidate is fully qualified, should he not get a chance just because one of his relatives is in the judiciary? But on the other hand, to maintain transparency and dignity, it is necessary that the Chief Justice distances himself from such cases.
Question of transparency in judiciary
Justice Oka said that he does not know whether Justice Gavai had recused himself in this case or not, but it would have been right to do so. He suggested that if such a case comes to the fore, then the Chief Justice should separate himself from this collegium and expand the collegium by including another senior judge. Only after this the name of the person concerned should be considered. Justice Oka called it a question of dignity of the system, the definition of which can be different for every person. When asked what he would have done if he himself were in such a situation, he said that this is a hypothetical question but if he were, then he would not have allowed such a situation to arise.
Also answered on relations with RSS
Justice Oka also spoke openly on the discussions of his relations with RSS at the beginning of his career. He clarified that his father lived till 2017, while he became a judge in 2003. He said that his father never went to the RSS branch. He was definitely associated with only one or two such trusts, which also had links with RSS people. Therefore, it is wrong to say that his father was a member of RSS. Justice Oka said that after becoming a judge, a person changes completely and he takes oath only on the Constitution. Every decision is taken on the basis of the ideals and laws of the Constitution.
