Recuse yourself from hearing or dissociate from National Judicial Appointments Commission: Lawyer S Nariman to Justice Anil R Dave

NEW DELHI: The Supreme Court hearing on a slew of petitions challenging the National Judicial Appointments Commission (NJAC) began on a stormy note on Wednesday, with leading lawyer Fali S Nariman urging presiding judge Anil R Dave to either recuse himself from hearing the case or dissociate himself from the NJAC.

As the third senior-most judge in the top court hierarchy, Justice Dave will be ex-officio member of the newly-constituted NJAC along with CJI HL Dattu and the next in line to be CJI TS Thakur. Arguing against the creation of the NJAC, Nariman suggested that Justice Dave should recuse himself as there was a conflict of conflicting duties in this case.

He, however, clarified that he was not averse to Justice Dave hearing the case should he choose not to associate himself from the NJAC functioning. “I don’t want him (Justice Dave) not to hear the challenge, but then he should not be part of the NJAC, teach the government a lesson. Let them do what they want,” Nariman said.

Since the NJAC has been notified, Justice Dave would have to perforce take part in the consultative process which will replace the earlier collegium system under which the judiciary had a final say in all appointments to superior courts. Under the NJAC, any two non-judicial members could veto any name suggested by the sixmember panel which will include the CJI and his two senior-most judges.