"Based on merit, not verdicts": Former Allahabad HC judge backs Justice Nazeer's appointment as Arunachal Governor
Feb 12, 2023
Noida (Uttar Pradesh) [India], February 12 : The appointment of retired Supreme Court judge Justice Abdul Nazeer as Arunachal Pradesh Governor is based on merit and does not reduce people's faith in the judiciary, former Allahabad High Court judge Justice Sakharam Singh Yadav said on Sunday.
However, Justice Yadav said that he is open to any such legislation prohibiting retired judges from being appointed to a government position until after some years of retirement.
President Droupadi Murmu on Sunday notified the appointment of the Retired Supreme Court judge, Justice S Abdul Nazeer as the third Governor of Andhra Pradesh. The move triggered political reactions from the Opposition with Congress' Rashid Alvi alleging that the appointment has "reduced" people's faith in the judiciary.
"Giving government posts to judges is unfortunate. According to a report, governments send nearly 50 per cent of the retired Supreme Court judges to some position which reduces the people's faith in the judiciary. The government recently gave Rajya Sabha seat to Justice Gogoi. Several people have raised questions over the Ram Janmabhoomi-Babri Masjid case. People are saying this happened due to pressure from the government," Alvi said earlier while speaking to ANI.
Justice Yadav, when asked about the remark, said that the decision to appoint Justice Nazeer as the Governor has been made on the basis of merit, not because of his judgements in key cases including the Ayodhya verdict.
Speaking to ANI, the former Allahabad High Court judge said, "It is not about reducing faith in the judiciary. As far as suitability is concerned, Justice Nazeer has been the Supreme Court judge who has delivered big judgements. He has always made judgements according to the law. A Governor has to make decisions relating to Constitutional matters. His appointment as a Governor is right. There is no need to have doubts about the matter. Neither has the faith reduced in the judiciary. People think that he has been rewarded for his judgements. This is wrong. The President or the government has made the decision based on merit and not because he delivered the Ayodhya verdict or any other important verdicts."
Asked if there should be any legislation against the appointment of retired judges to government positions, he said that there should be such laws.
"There are no such laws against the appointment of retired judges at any position. If any such laws are made, there is no problem. If a law is made that the High Court or Supreme Court judges will not be given any political appointments within five years of their retirement, we do not have any problem. There should be such laws," he said.
