Gopal Subramaniums remarks on Centre spark a debate, jurists divided University In Uk Get Courses With Paid Internship Afordable Fees, No IELTS, Easy Visa studysmart.co.in/Study_UK Ads by Google Bhupendra Chaubey, CNN-IBN Jun 26, 2014 at 09:09am IST #gopal subramanium #supreme court #judiciary #tracking the modi government #harish salve #narendra modi #nda #upa 87 New Delhi: Former Solicitor General of India Gopal Subramaniums decision to withdraw his candidature for Supreme Court judge posting has sparked off a debate. Jurists have been divided over Centres objection to Subramaniums candidature. Senior Supreme Court Lawyer Harish Salve has blamed the collegium system for the mess. I dont blame the judiciary but I blame the system, which allowed to evolve and continue. I have been a critique of this collegium system. It is not serving the Indian judiciary or democracy. I think to say that the executive should not have the last say in the appointment of judges is what we all fought for. But equally to say that the executive should have no say in the selection of judges is something which may be unacceptable, Salve said. On the other hand, senior lawyer Kamini Jaiswal feels that the former S-G is being victimised. I dont think today we should talk of the system. We have a fact and a case in issue and we need to discuss that. You cannot ruin a mans character if he was not competent and 5 senior most judges of the SC would not have recommended him. You do this to him? The way the people who have appeared for the government have been rewarded is an example of why Mr Subramanium has not been appointed. We dont need to go any further, Jaiswal said. Gopal Subramanium spoke to CNN-IBN on Wednesday and said that he was withdrawing his candidature because the present government has apprehensions that he will not toe their line. The government has a problem with my independence. I cant go around saying pleasant things about everyone. I am not sworn to criticise the government. If they are doing the right thing, I will tell them so. I have consciously given this up because I want to be in a position where I can give advice and that can be done only as an individual, he said. Subaramanium also said that he has been let down by the judiciary as no one raised a voice against the government. I am surprised that judiciary did not protest on what is happening. I want to say to the Judiciary, that you must take a stand and likes and dislikes must not be accommodated in the likes of your thinking, he said. He added that his resignation was totally his won choice and not taken under any pressure. No Judge ever wants to be an unwelcome visitor to the bench. I am not interested in being a SC judge and I have my reason for it, he said. He admitted that there was a threat to his life at the time when he was an attorney in the Sohrabuddin fake encounter case. I did not want to get entangled in any (Sohrabuddin) case and I was asked to give my advice. The IB has consulted me several times during NDA 1 and I was treated with a lot of respect. I am known to be utterly independent which means I am inaccessible, he said. Advising the Prime Minister, Subramanium said, he has an enormous responsibility and has a mandate from the people but I urge him to review and understand the position relating to what is the nature of judiciary and must be open to a somewhat interrogative, have a little disparate elements, he said. In a letter written by the senior lawyer to Chief Justice of India in which he withdrew his candidature for appointment as an SC judge, Gopal Subramaniam wrote, I am fully conscious that my independence as a lawyer is causing apprehensions that I will not toe the government line. This factor has been decisive in refusing to appoint me. He also alleged that there is a malicious campaign that is on to discredit him. There has been a face-off between the Narendra Modi government and senior lawyer Gopal Subramanium as he was upset with the negative stories being planted against him in the media.
Posted on: Thu, 26 Jun 2014 05:27:55 +0000
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