Kathmandu, December 18:
Former Chief Justice of India PN Bhagawati today suggested that the judges of the Supreme Court should not face parliamentary hearing on their appointment.
â€œIt is not wise to hold inquiry into judges by any branch of government except by the judicial council,â€ Bhagawati told this daily. He also added that the judges should not face any public scrutiny as well before their appointment. According to him, such a scrutiny may create fear for the judges while delivering justice.
The SAARC regionâ€™s pioneer juristâ€™s remarks came at a time when there is a serious debate in Nepal whether the judges should face hearing in parliament before their appointment as Supreme Court justice. The interim constitution of Nepal has a provision for such a hearing.
Bhagawati also added that such a parliamentary hearing cannot help to maintain the independence of the judiciary in developing countries. â€œYes, the judges face senate hearing in US, but such a practice does not help in developing countries.â€
Earlier before, Bhagawati delivered a lecture on Public Interest Litigation (PIL) and the role of judiciary at a programme organised by Supreme Court Bar Association.
He said that the PIL jurisdiction should explore the ways to provide common peopleâ€™s access to justice.
According to him, the writ of mandamus, writ of certiorari and writ of prohibition are
not sufficient to provide justice to the people so that the judiciary should consider issuing
directive orders under PIL jurisdiction.
â€œThe Supreme Court can protect peopleâ€™s right to live in clean environment and right to life through directives,â€ he added.
â€œThe judges and lawyers can play important role in protecting the rights of the people and the lawyers can lead the society through it,â€ Bhagawati said.