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Union Law Minister Kiren Rijiju Criticises

Lawyers' Protests; Says Not Good To
Question Every Collegium Decision
Which Has Govt Support
LIVELAW NEWS NETWORK 19 Nov 2022 5:26 PM

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11/19/22, 5:34 PM Union Law Minister Kiren Rijiju Criticises Lawyers' Protests; Says Not Good To Question Every Collegium Decision Which Has G…

The Union Minister for Law and Justice Kiren Rijiju on Saturday criticised the

protests made by lawyers of the High Courts of the Gujarat, Telangana and

Madras against the proposals made by the Supreme Court collegium for the

transfer of judges.

Without expressly taking the name of any bar association, the Minister said,

"When I saw lawyers going for protest...I heard some information that some

lawyers are going for some strike on some issues. And in the days to come,

these are some of the things which we may see more frequently. We have to

think and we have to decide whether this will be good for the institution or

not. If you don't respect the institution, it will amount to disrespecting

yourself".

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11/19/22, 5:34 PM Union Law Minister Kiren Rijiju Criticises Lawyers' Protests; Says Not Good To Question Every Collegium Decision Which Has G…

Speaking at a function organised by the Bar Council of India to felicitate the

newly sworn-in Chief Justice of India Dr Justice DY Chandrachud, the

Minister said "when there are things which are becoming too loud in terms of

putting forward your demands, then it has a risk of taking a different turn".

The Minister also said that if every decision of the collegium, which have the

support of the Government, is questioned, then it will lead to problems.

Also Read - FIR Registered In 1990 ; Trial Not Complete Even After Three

Decades : SC Directs Kolkata Court To Complete Trial Within 6 Months

"Yesterday I heard that lawyers want to meet CJI over a transfer case

[transfer of Nikhil Kariel J of Gujarat HC]. Now the issue may be, if you look in

isolation, it may be one of the issues. But if this becomes a recurring

instance for every decision taken by the collegium, which is being supported

by the govt, then where will it lead to? Then, the whole dimension will

change".

The Minister opined that to protect the robustness and independence of

judiciary, the bar councils have to be strengthened. The conduct of the

lawyers is also equally important.

Also Read - Contractual Expressions Must Be Understood As Intended By

The Parties To The Contract : Supreme Court

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11/19/22, 5:34 PM Union Law Minister Kiren Rijiju Criticises Lawyers' Protests; Says Not Good To Question Every Collegium Decision Which Has G…

"If we have to ensure that Indian judiciary remains very robust then not only

courts, not only the judges, but the Bar Council of India and all the bar

councils have to be strengthened. Because, if individuals start asserting their

opinion much more than the institution, there is danger. What is see is, some

of the views of individual lawyers, takes prominence and it takes precedence

over the opinion of the Bar Council of India. The stand of issues may have

different kind of response from the individuals. But what should matter is the

opinion of the institution. If we have to ensure that the judiciary is respected,

independence of judiciary is maintained, it is not only the conduct of the

judges but the conduct of the lawyers is also equally necessary and critical.

There is always this talk of bar and bench. Definitely, two sides of the same

coin. So it has to be always together".

Also Read - Judicial Service Examination- Practice Questions- First

Information Report (FIR)

Rijiju added that he is not a member of the legal fraternity and that his

statements reflect the views of the masses.

"Sometimes it is good for the country that the law minister does not know the

law much. If am part of the so-called lawyers community, then my outlook

and my perception will be typical of a lawyer. If I say something, which I

definitely stand for, that is the reflection of the common people of the

country. So my observations are simply picked up from the opinion of the

masses and I put it across in the simplest of the terms".

The proposals to transfer Justice Nikhil Kariel of Gujarat High Court and

Justice Abhishek Reddy of Telangana High Court to the Patna High Court and
https://www.livelaw.in/top-stories/union-law-minister-kiren-rijiju-criticises-lawyers-protests-says-not-good-to-question-every-collegium-decision-which-… 4/15
11/19/22, 5:34 PM Union Law Minister Kiren Rijiju Criticises Lawyers' Protests; Says Not Good To Question Every Collegium Decision Which Has G…

Acting Chief Justice T Raja of the Madras High Court to Rajasthan High

Court have led to protests by the respective bar associations. The Gujarat

High Court Advocates Association was the first to raise the protest by

resolving to abstain from work indefinitely till the proposal to transfer Justice

Kariel is withdrawn. Then the protest spread to the Telangana High Court,

with the lawyers resolving to boycott courts till the proposal regarding

Justice Reddy's transfer is withdrawn. The Madras High Court Advocates

Association too joined the protest later regarding the proposal to transfer

Acting Chief Justice T Raja.

TAGS UNION LAW MINISTER KIREN RIJIJU LAWYERS PROTESTS

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