Judges should not shirk cases, says Fali Nariman


July 2, 2014

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Coming down on judges who excuse themselves from hearing certain cases, senior Supreme Court advocate Fali S Nariman said on Sunday that judges should not ‘shirk’ cases.

“When they recuse themselves from cases, judges ought to give reasons publicly on why they are recusing. Otherwise the media publishes many reasons, which the judges have to later deny,” Nariman, told reporters in a brief interaction at the sidelines of a function held in Kochi.

“It is better to say I am not taking the case because of the following reasons….What is wrong with that? They are entitled to say they are not taking up a case, provided there is good reason,” he said, adding that judges should not shirk cases.

However, he refused to comment on the Centre’s decision to segregate the name of former solicitor general Gopal Subramaniam, who was recommended for elevation as Supreme Court judge from the panel of four names suggested by the Supreme Court’s collegium.

The appointments of the Chief Justice of Calcutta high court Arun Mishra, Orissa high court’s Chief Justice Adarsh Kumar Goel and eminent lawyer Rohinton Nariman were approved by the Centre and they are to take oath as apex court judges.

Nariman pointed out that his son Rohinton Nariman had appeared as counsel in a Gujarat Lok Pal case six months ago against Narendra Modi, therefore appearing against an eminent person does not rule out appointment.

While speaking at a function releasing VR Krishna Iyer’s book ‘Centenary Miscellany at Law’, he urged young and upcoming lawyers to read old judgements passed by the apex court in the seventies and eighties to educate themselves further on the law of the land.

Nariman also urged lawyers to write to the Chief Justice of India, RM Lodha, and to the judges of the Supreme Court to unveil a portrait of Justice Krishna Iyer in one of the court rooms, saying that he deserves special mention.