Bhim Singh urged SC to ‘save this temple of justice’ from NJAC as wisdom lies in daring

Prof.Bhim Singh, Sr. Advocate and petitioner-in-person while arguing his petition before the Constitution Bench this afternoon argued vehemently to quash National Judicial Appointments Commission Act as well as 99th Constitutional Amendment in the Indian Constitution to save independence of judiciary in the interest of democracy and rule of law.

He told the 5-judge Constitutional Bench headed by Mr. Justice Mr. Justie Jagdish Singh Khehar and comprising JJ Mr. Justice J. Chelameswar, Mr. Justice Kurian Joseph & Mr. Justice Adarsh Kumar Goel that the independence of judiciary has been threatened by a draconian Act called NJAC in the process of appointment of judges to the High Court and to the Supreme Court. In his brief arguments Prof.Bhim Singh submitted,

“That I, myself was protected and has survived by the mandate of Article 21 of the Constitution of India when this (Supreme Court) even find Rs.50,000 to ask the Govt. of J&K to pay compensation against his illegal arrest and wrongful confinement. The State (the power that be) would like to scuttle the independence of the judiciary which is evidence that the latest NJAC has been empowered to veto the decision of the three-sitting judges of the Supreme Court including the Chief Justice of India by a veto of two ordinary members. He further said that the appointment of two eminent persons is a fraud on Constitution as one of the members has to be from the reserved category which is unknown in the history of judicial appointments. He said that the veto power vested in two members can defeat the entire process of appointing Judges to the higher judiciary including that of Chief Justice of India, Chief Justices of the High Courts as well as Judges of the Apex Court and the High Courts. This is totally unnatural, undemocratic and unacceptable in democracy. He submitted the day people shall loose faith in the judiciary, the democracy will be under a threat and there is a serious threat to the integrity, unity and sovereignty of the nation.

Prof. Bhim Singh appreciated the bold and positive decision of the Chief Justice of India to opt out of the selection committee of the three persons floated by the Government to select two eminent persons. He said this is a mockery that eminent persons have not been defined and they could be Amitabh Bachchan or Ambani or Adani or even Lata Mangeskar as they are among the foremost eminent persons. Shall these eminent persons nominate the next Chief Justice of India, the judges of the Apex Court and the Chief Justice of the High Court. This is an attempt, he submitted, to demolish the independence of judiciary in the country to please the corporate houses as well as money and muscle power.

He urged the Constitution Bench to act boldly and fairly as wisdom lies in daring, to save this (judiciary) from the assault of draconian commission NJAC.