In a reference to the criticism against the Justice RS Liberhan Commission?s findings after its probe into the events that led to the 1992 Babri Masjid demolition, the Supreme Court on Friday said it would consider if retired or sitting judges should even be ?permitted? to sit in commissions of enquiry.
A Bench of Justices GS Singhvi and AK Ganguly said the flak faced by judges for their conclusions in commission reports was ?affecting the credibility of the judiciary? as an institution.
The court said it would examine ?whether sitting/retired judges of the high courts or the Supreme Court should be permitted to sit in commissions when they are not seriously considered?.
?Look at the case of this latest report?the criticism of the commission findings in the media and among the public… This is affecting the credibility of the judiciary,? the Bench noted while hearing an appeal filed by the Tamil Nadu government against the directions of the Madras High Court to take disciplinary action and even consider the suspension of police officers involved in the clash between lawyers and policemen on February 19.
The court, however, observed in its written order that the stay would not ?prevent the state from taking appropriate action as per law?.
Attorney General GE Vahanvati, appearing for the government, questioned how the high court could in its judgment on October 29 direct disciplinary action against the police officers when a one-man fact-finding commission of former Supreme Court judge BN Krishna had strongly indicted the Tamil Nadu lawyers for their unruly behaviour.
The high court had held four senior police officers, including the then Chennai Police Commissioner Radhakrishnan, responsible for the police action on the day.
Staying the high court directions for disciplinary action against the police officers, the Bench observed that ?it has become a practice across the country for members of the Bar to take law into their hands?.
The Madras High Court campus saw pitched battles between lawyers and police personnel for several hours with over 50 lawyers and Justice AP Adityan, a sitting judge of the high court, 20 policemen, dozens of bystanders and two journalists injured.