The Bombay High Court on Thursday dismissed a petition against Vice President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju over their statements against the collegium, judiciary and the Supreme Court, Live Law reported.
A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne said that they were not inclined to entertain the plea, according to Bar and Bench.
“For reasons to be recorded separately, PIL is dismissed,” the court said.
The petition, filed by the Bombay Lawyers Association, claimed that the conduct of Dhankhar and Rijiju has lowered the prestige of the Supreme Court in public.
In recent months, Rijiju has repeatedly criticised the existing collegium system of appointments of judges, contending that it is opaque.
Dhankhar said that the Supreme Court’s decision to strike down the National Judicial Appointments Commission Act was a “scenario perhaps unparalleled in the democratic history of the world”. He had also said that public posturing from judicial platforms was not correct.
The National Judicial Appointments Commission Act had proposed to make judicial appointments through a body comprising of the chief justice, two senior Supreme Court judges, the law minister and two other eminent persons nominated by the chief justice, the prime minister and the leader of the Opposition.
Under the collegium system, five senior-most judges of the Supreme Court, including the chief justice, decide on the appointments and transfers of judges to the top court and the High Courts.
During the hearing on Thursday, advocate Ahmed Abdi, representing the Bombay Lawyers Association, argued that Dhankhar and Rijiju hold constitutional posts and should abstain from making such remarks.
“We are not against debate and criticism but it should be held in Parliament and not in the public domain,” Abdi said, according to PTI. “This is lowering the judiciary’s reputation and image and affecting the faith people have in judiciary.”
However, Additional Solicitor General Anil Singh said that the vice president and law minister have said that all institutions must be respected.
“Where is the attack on the Constitution?” Singh asked, according to Live Law. “They have repeatedly said the constitution should be respected and followed.”
He also argued that the petition was filed to gain publicity.
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