Cuttack: 17th Augst. 2014: OBB: Srinivas Mohanty: The Indian Judiciary has always been independent by virtue of the dictum given under the constitutional mandate ;but at some point of time ,it was seen that appointment of judges through executive in higher judiciary was some way or other visited with bias and to remove the element of bias attitude for filling up constitutional posts in judiciary ,the interference of the apex court came in and thereby the appointment of judges has been taken to the judges for selection and the executive or the govt as the case may be remains being the approving authority as a matter of mechanical process for the sake of formality.
The procedure evolved suggests ,a theory of Collegium is devised granting power to the chief justice of high court to send names in his consultation with two other senior most judges which then be placed before the CJI of the apex court in his collegium and after verification of such credentials submitted by the chief justice that becomes approved and placed for appointment .In the event ,the system is followed with the spirit it was developed there would not have been any complain from any quarters .But within the recent past judges of higher judiciary are found to be knee-deep involvement in corruption and immoral activities and media shouting has become intensified and to shout down the public comments ,the contempt of courts act has become the threatening stick .Democracy respects the system and as such mechanical devotion has given immense power to the corrupt judges to introduce their own subjective mind through the pious judicial system of the country.
Speaking of the crude nature of selection process ,Chief Justices of the high courts are usually having the wild craze for being elevated to the apex court to achieve the benefit of long length of service tenure ,higher salary and immunity of judicial pronouncement having least chance of interference . Power makes a man sometimes blind and that now becomes experienced with the judiciary in our country .Chief Justices are seen to be appeasing the judges of apex court elevated from the high court where they are the Chief Justice and preferably their evaluating gesture is to attach important to the said judge and go by his whispering regardless of proposals for selection with or without merit .
Dilution is such constitutional appointments carried forward over a period of time are equally subject matter of CBI investigation as to whether merit weighed or recommendation.With a long freedom struggle ,freedom /independence is achieved to this country ,but for the personalities privileged under the constitution are found to be engaged in abusing their respective position and now a days judges are seen to be more dominantly shadowing the others in the field of corruption and when allegation comes on to the judges ,an internal committee is subjectively devised and Clean Chit theory is preached to silence the democratic fabric . Voice of the people is made choked in all such matter concerning corruption by judges.
Coming back to Orissa High Court and the appointment of judges,lot many things are being heard .Judges like justice A.K.Patnaik ,Justice Dr.A. Passayat and Justice G.B.Patnayak have had their frequent tours to odisha during their respective tenure; and as people say ,they have also promoted lot many personalities into the judgeship of high court playing magic of their wit over the chief justices of their time. It would be appropriate to address them being Constituency Judge.
In the opinion of many, all these judges like Justice A.K.Patnaik ,Justice Dr.A. Passayat and Justice G.B.Patnayak have their role being played promoting advocates to the judgeship and in tis context justice R.N.Mishra stands apart.