May 25,2018:
Addressing the court reference held in connection with his retirement, Justice Pasha stated that, “Appointment of judges is not a family property of someone to be partitioned. I do not believe that judgeship should be allotted to each and every religion, caste or sub-caste.
On Thursday, Justice B Kemal Pasha of Kerala HC lashed out at the Supreme Court Collegium for recommending the names of “incompetent” lawyers for appointment as judges.
He further added that,"I learn from media that some names from the bar have been recommended for elevation. If the names given by the media are correct, I can very well say that most of the judges of this court, including me, have no good fortune to even see the faces of some of those persons. Is it good for the judiciary?”
He further added that picking and choosing people who are not at all competent to be judges and to recommend them for elevation will point fingers at the system. “A judge is being considered as a minister of this temple of justice.
Justice Pasha stated that,"The duty to impart justice is nothing but a divine function also. When persons who have to perform divine functions are to be selected, they should have the capacity for it".
He called upon the bar to react whenever incidents “hurting its good name” happened.
Justice Pasha said that the hurdles are created by extra-judicial forces, and sometimes from within the system. “...I earnestly believe that the brethren in the bar have to take up issues and react to it, if it is felt that there is any substance to it, so that it will have a cleansing effect. I recollect that the Bombay bar had come down heavily and reacted strongly when they could realise that certain judges were indulging in corruption”.
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