Sub:- Judges of Courts of record to protect their dignity & esteem
Dear Sir
It is painful to see the work of serving or retired Judges of Courts of Record (Supreme Court & High Courts), who are during their judicial work taken in highest esteem by the people of India, being either denigrated or rejected by Central & State Govts who have been constituting various commissions of enquiry in independent India. The fate of the report of Phukan Commission of enquiry is the latest such example in the series.
Judges of Courts of Record aught to realize that during their judicial work related to criminal / civil / constitutional matters, which are brought before them for adjudication, there is an inherent advantage of personal motive & drive of complainant / plaintiff / petitioner which ensures purposeful and focused judicial proceeding culminating in result. But in commission of enquiry this factor, a sine-quo-non for any application of judicial mind, is simply non-existent.
Hence Judges of Courts of Record shall be well advised to head only those commissions of enquiries which do not deal with the matters which can normally or aught to be dealt by the Courts of criminal / civil / constitutional jurisdictions.
It is high time Judges of Courts of Record seriously ponder over the advisability and exercise of discretion over heading the various commissions of enquiry constituted by Central and State Govts because it is constitutionally incumbent on the Judges of Courts of Record to maintain and protect their dignity and esteem.
Yours truly
Hem Raj Jain
3077, First floor, 3rd Main Near water tank, Kumarswamy Layout Bangalore - 560078
