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Bar president writes to Governor to halt post-retirement appointment of Kerala High Court judge

barandbench.com 4 days ago

President of the Kerala High Court Advocates' Association Yeshwanth Shenoy has written to the Kerala Governor seeking to halt the appointment of recently retired Kerala High Court judge Justice Mary Joseph to any office.

Kerala High Court and Justice Mary Joseph (now retired)
Kerala High Court and Justice Mary Joseph (now retired)Kerala High Court

President of the Kerala High Court Advocates' Association, Yeshwanth Shenoy, has written to the Kerala Governor requesting him to refrain from appointing recently retired Kerala High Court judge Justice Mary Joseph to any office.

In a letter written in his personal capacity, Shenoy has requested the Governor not to clear any post retirement appointments of Justice Joseph until an enquiry is conducted into all the allegations against her.

One among the allegations is that Justice Joseph was writing judgments even after she demitted office on June 2 and uploading them on the High Court website after backdating them.

After he wrote about the issue to the Chief Justice of the Kerala High Court, Chief Justice AJ Desai issued a slew of guidelines to be followed by judges and their staff on the retirement, transfer or elevation of judges.

The guidelines included a request to retiring, transferred and elevated judges to hand over their signed judgments and orders of all cases in which verdicts were reserved to the court registry on or before their last working day or at least by midnight on the retirement day.

Shenoy had also written to the Chief Justice of India (CJI) DY Chandrachud highlighting the same issue. However, he added that Joseph allowed several persons convicted by trial courts under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) to be released from prison before writing the judgments on their appeals filed in the High Court.

Shenoy had requested the CJI to refer the case to the Central Bureau of Investigation (CBI) to investigate the alleged nexus between the judge and the 'narcotics lobby'.

He had also raised concerns regarding an order on an election petition pronounced by Justice Joseph on the day she retired. He had claimed that the order favoured the political party in power and that it was delivered as quid pro quo for a post retirement job in some regulatory body or tribunal in the State.

In his current letter to the Governor, Shenoy has repeated these contentions and has requested that Justice joseph not be appointed to any such post until an enquiry is conducted and she is cleared of all charges.

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