‘Collegium has failed to protect judges in past’: Supreme Court Justice Dipankar Datta

NEw new delhi: sublime margaret court adjudicate justness Dipankar Datta on Saturday said the top court’s Collegium has, in the past, failed to stand by judges who acted with courage and integrity, warning that such instances may discourage judges from prioritising ethics over career advancement.“Many judges have had the mental courage and conviction to take the hit for the greater good. However, how many judges in present times would prioritise ethics over career growth? Do you expect them to have the rectitude to practice what is preached? It is a bitter pill to swallow,” justice Datta said while speaking at the first Supreme Court Bar Association national conference on “Reimagining Judicial Governance”.“There have been instances in the past where those who followed this statement were not protected by the Collegium by ensuring that they are not victimised for their righteousness,” he added.He said Collegium members should protect their fellow judges. Justice Datta also made a direct appeal to justice BV Nagarathna, a Collegium member present on the dais, to rise to the occasion and stand by these judges to ensure they were not victimised.“My appeal to you as a member of the Collegium is to rise to the occasion to stand by and protect these judges who act, as you have stated in that particular lecture,” he said.Justice Datta was referring to a recent speech delivered by justice Nagarathna at the Krishnamoorthy Iyer Memorial Lecture at the Kerala high court, where she said judges should not hesitate to make the right decision even if it costs them their elevation or displeases those in power.“We, as Judges, should always follow our oath of office which is our judicial Dharma and live up to it irrespective of its consequences on our career,” justice Nagarathna had said at the event earlier this month.On Saturday, justice Datta invoked BR Ambedkar to emphasise that the effectiveness of any institutional framework ultimately depends on those who operate it. Citing Ambedkar’s observation that a constitution’s success rests on the integrity of its implementers, he said the same principle applies to the Collegium and that its outcomes depend on the quality and choices of the judges within it.Both justice Datta and justice Nagarathna also addressed recent criticisms of courts, especially the Supreme Court taking vacation days.They said it must be demystified that judges stop working during vacations.“From morning to evening judges adjudicate cases. When they get holidays or vacations, they use it to write judgments and not to take LTC (leave travel concession) to go here and there,” justice Nagarathna said.On similar lines, justice Datta said that such criticisms are made by people who have no experience of what a day in a judge’s life is like. “We are there to serve the nation. But that does not mean that you stretch the judges to the extent that there remains a risk of an indiscretion that will result in injustice. Please have some mercy on the judges,” he said.The two-day national conference will witness sessions by Chief Justice of India (CJI) Surya Kant among other Supreme Court and high court judges, senior law officers, advocates and bureaucrats.