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Is appointing retired SC judges in political capacities

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Press Trust of India New Delhi
Last Updated : May 10 2016 | 7:43 PM IST
A BJD member today asked in the Rajya Sabha whether the practice of appointing retired Supreme Court judges in various political capacities is morally correct.
During the Zero Hour in the House, A U Singh Deo said it is "good" that the NDA government was taking up judicial reforms.
"I would like to bring up an issue for the government to consider whether the practice of appointing retired Supreme Court justices in various political capacities is morally correct. And whether it poses serious danger to judicial neutrality as large number of government cases are pending in the the Supreme Court," he said.
He said the First Law Commission was of the view that it was necessary to safeguard the independence of Supreme Court justices by enacting a law baring further employment except as adhoc judges in the apex court.
Citing an article, Deo said Finance Minister Arun Jaitley, when he was Leader of Opposition in Rajya Sabha, had suggested an embargo on appointment of retired judges of higher courts to Commissions.
Nitin Gadkari, as President of BJP had also suggested that there should be a two-year cooling off period between retirement date and appointment date, the BJD member said.

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Deo said that he had written to the Prime Minister and Minister concerned regarding the issue.
He said the minister informed that government had introduced judicial standards and accountability in 2012 in the 15th Lok Sabha, which has now lapsed.
"I request the government to bring the bill back," he added.
In his Zero Hour mention, BJP member Subramanian Swamy said May 10 (i.E today) is the day of first war of Independence and the House should have taken its cognizance.
"This day should be an important part of recognition all over the country. It is not being included properly in the text books," he said.
The BJP member said large number of people sacrificed their lives and the entire peasantry rose in revolt against the British.
He said Parliament should take a special note of the day and infact should have a "true version of the history which has been distorted in the past".
Husain Dalwai (Congress), raised the issue of detention
of "innocent persons" in relation to terror acts.
He said there cannot be any sympathy for terrorists, but at the same time arresting innocents was wrong.
When innocent people are arrested, they lose their reputation and they then can neither get jobs nor get married, he added.
He said the NIA did not find any evidence against the accused held in the Malegaon blast case. The accused were later freed.
"There should be strict action against terrorists.... Investigating agencies should have accountability. One is muslim, arrest him and put him in jail, this is wrong, this should be stopped," he added.

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First Published: May 10 2016 | 7:43 PM IST

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