Collegium is a synonym for nepotism and corruption. Justice Kurian Joseph whom l hold in the highest of esteem and respect failed to live upto the high standards, nay, the very first principle of natural justice that nobody shall be a judge of his own cause. In the NJAC case, I had sought the recusal of Justice Khehar, former CJI so too of all other judges of the 5 judge constitution Bench including Justice Kurian Joseph because they were either the members of the Collegium or would be so in near future. I had given a list of 11 judges who suffer from no such disqualification and could form a Bench which is not disqualified because of any conflict of interest. But the Bench paid no heed to it. For Justice Khehar the very plea for his recusal on the ground of conflict of interest amounted to contempt of court. The NJAC judgement is a judicial coupe de’tante. Am not elaborating because I will be hauled for contempt of court! India is not a democracy. We are ruled by the judges. They legislate.They execute. They are all at once. Nobody can criticise them, for that would amount to contempt of court. Not even the Registry of the Court.
Mathews J Nedumpara