Bengaluru: Raising questions about the functioning of the erstwhile Supreme Court Collegium, a senior Karnataka High Court judge, whose appointment as Chief Justice of Punjab and Haryana High Court was stalled, on Monday alleged a "wild campaign" had been on to "ruin" his career by "some" members of the judiciary and there was no justice to a judge.
Flagging the issue in his farewell speech on demitting office at a function at the High Court, Justice K L Manjunath claimed his file was not reconsidered for elevation even after he was cleared of certain allegations levelled against him.
The Law Ministry had returned the file relating to the elevation of Justice Manjunath as Chief Justice of the Punjab and Haryana High Court to the Supreme Court collegium headed by then Chief Justice of India Justice R M Lodha in July last.
As per practice, Justice Lodha had consulted a senior Supreme Court judge, who had served in the Karnataka High Court, on the elevation of Justice Manjunath. The senior judge had flagged certain issues in his note to the collegium.
"Natural justice is one of the basic features of our Constitution. Even a hard core criminal would be tried after being informed about the charges levelled against him," the judge said, adding contents of the letter by the SC judge against him were not made known to him till today.
"In my case, the nature of allegations made against me by the judge is not even made known to me,", inspite of a favourable report in the inquiry conducted "behind my back" and having discharged duties without succumbing to pressures and temptations for more than 14 years as a judge.
Referring to the "wild campaign" against him by "some members" of judiciary for the last four to five years, he claimed that after a "thick rumour" about his being considered for elevation as a Chief Justice in September 2013, a false complaint was lodged that he had amassed wealth.
"The involvement of a judge and his son in publishing such an article (in an yellow journal) and circulating the same throughout the country is now an open secret," he said. An inquiry by the then Chief Justice of India showed the allegation was false, he claimed.
In May 2014, the Supreme Court, had on its own cleared his name transferring him to Punjab and Haryana High Court as Chief Justice and "....Again a campaign started against me," Justice Manjunath said.
The Law Ministry had returned the file about his appointment to the Supreme Court on the ground that a sitting apex court judge had sent a letter to CJI making certain allegations against him.
Justice Manjunath said he had met the Supreme Court judge
himself who made the charge and he had also said allegations were false and he had no objection to clear his file.
Subsequently, he learnt again that on the letter of the Suprme Court judge, a report was secured from Chief Justice which also was in his favour.
"..Still for the reasons best known to the members of the Collegium of the Supreme Court, my file has not been reconsidered and why my file has been kept pending for more than 10 months, God only knows," he said, as he gave vent to his anguish.
Noting that under the Judicial Accountability Act, if a false complaint is lodged against judge, such a person is liable for prosecution, he said "if a false and incorrect letter is addressed by the judge of the Supreme Court, is he not answerable?"
He said "...The character built by me as a lawyer and judge brick by brick has been shattered into pieces" and added he had never lobbied to become chief justice of any court.
He also raised a question "whether a judge can be punished without being made known to him the nature of allegations" and "whether the Supreme Court can keep the file pending for more than 10 months without taking a decision."
"If the charges were true, was there any difficulty for the Hon'ble Supreme Court to close my file holding that I am not entitled for any elevation and whether a Supreme Court judge can play with the life of the judges of the High Court."
He also posed "whether I am required to demit this office with a stigma for no fault of mine."
"Ultimately, the moral of my story is that there is no place for integrity and honesty and there is no justice to a judge in this country," the judge said.
He also said he was not disturbed by the conduct of the members of the judiciary who "are directly or indirectly" responsible for "ruining" his career but "I only feel sorry for having such persons in this great institution."
Justice Manjunath said if he did not reveal the truth on the day of retirement, "truth will be buried along with me". He was, therefore, bringing out certain facts with "much pain" though it "may have a dent" on judicial system.
