New Delhi: Despite an illustrious judicial career, why was Justice AP Shah not made a Supreme Court judge? As the Chief Justice of Delhi High Court, Justice Shah delivered a string of landmark judgements, like legalizing gay rights or bringing the Chief Justice of India under the Right to Information Act.
The Apex Court panel considered Justice Shah's name, but did not recommend him. Justice Shah says he feels hurt, some in the legal fraternity are shocked.
"What I hear is that when he was in Madras High Court, the orders passed by him seem to have created unfavourable impression with a collegium member. He is justified in feeling hurt. Collegium should have informed him," said PP Rao, Constitution Expert.
"It is a travesty of justice. We are going to lose Shah. Collegium works on rumors not facts," said Rajeev Dhavan, Constitution Expert.
The Centre says there's nothing it can do.
Union Law Minister, Veerappa Moily said,"right now the appointment of judges is governed by an earlier Supreme Court judgement. In future change may happen. But right now we are not changing the procedure."
Justice A P Shah is not the only judge, there are others who had been the victims of Supreme Court collegiums and didn't come out in the open like Justice Shah. Unless the centre brings in some sort of transparency in the appointment of judges more episodes like that of Justice Shah are bound to come out in the open.