People's Democracy

(Weekly Organ of the Communist Party of India (Marxist)


No. 23

June 05, 2011


CPI(M) MP Writes to Law Minister


Brinda Karat, MP and Polit Bureau member of the CPI(M) has written  a  letter to M Veerappa Moily, minister for law and justice on May 31, 2011 regarding compulsorily retired 18 judges at the district level in Chattisgarh. The following is the text of the letter:


I write to draw your attention to an outrageous and discriminatory action in Chattisgarh whereby the High Court under its own Rules has summarily compulsorily retired 18 judges at the district level of whom fourteen belong to the Scheduled Tribes, three to Scheduled Castes and only one from the other caste category. According to my information, the three judge member screening committee set up by the High Court submitted its report on the basis of ACRs and this action was taken. In this entire process those who have been punished were neither heard by the screening committee or by the HC nor have they been given copies of the screening committee report on the basis of which they have been compulsorily retired. This is entirely against the principles of natural justice but even more significantly it also points to the weakness of the rules, which permit such arbitrary and unacceptable socially unjust actions.


If judges are corrupt or incompetent they must be removed from service through a due process of law. Strict punishment is required for such delinquent judicial officers regardless of their caste or creed. But in this case, according to prima facie evidence the decision is contaminated with blatant prejudice and discrimination.


Ordinarily the state government should deal with these issues. The rules require scrutiny and correction. In the present case this does not seem possible as the state government has issued the orders for compulsory retirement without any question or appeal. I am writing to request you to intervene in this matter to erase this black mark not only on the dignity of ST and SC judges in Chattisgarh, a state with a predominantly tribal population but also on the constitution of India. I hope you will enquire from the state government the details of this case and then take whatever steps you deem appropriate.