Wednesday, 29 June 2016

HC suspends 11 Telangana judges

Telangana Judges agitating in the streets and abstaining from duties is in gross violation of code of conduct of judges, and High Court suspending them is perfectly correct. In fact, HC has no other option. The learned Judges & Advocates must understand things in proper perspective. Where nothing can be done, nothing will be done.

There is such thing called "Telangana Judges" and "Andhra Judges". Whenever cadre bifurcation takes place, irrespective of reasons, it is the right of the every employee to opt his choice. Consideration on the basis domicile is illegal and untenable. It is the duty of the center to ensure after cadre bifurcation, post staff from surplus side to the deficit side till future vacancies arise in surplus side. No additional posts shall be allowed to be created burdening exchequer.

AP Reorganization Act 2014, which was co-authored by KCR, is as reproduced below:

"30. (1) On and from the appointed day,––
(a) the High Court of Judicature at Hyderabad shall be the common High Court
for the State of Telangana and the State of Andhra Pradesh till a separate High Court
for the State of Andhra Pradesh is constituted under article 214 of the Constitution
read with section 31 of this Act; ..."

KCR and Telangana Judges & Lawyers have to wait until debt ridden AP recovers financially and construct new capital with High Court and Judges quarters which will definitely take few years. Center will definitely not amend the Act for such a non-consequential matter unless AP also agrees.

Why would AP agree for a separate High Court in Hyderabad in lieu of Common High Court and do favor to Telangana who keeps on abusing day in and day out? Also there is no provision for two high courts within the territory of one state.

Also, AP will surely insist resolution of KRMB (Krishna River Management Board) matters and sharing of common institutions matters etc to be settled ahead of High Court matter.

KCR threatening Center, which had no role in this matter except at the end of process, with dharna at New Delhi will only boomerang on his face. A state CM threatening Center in this manner is unprecedented and is counter-productive.

Hope better sense will prevail in KCR, who is also shrewd politician.

One should remember that in a democracy like India, there are many grievance redressal forums available and trying to settle matters in streets is unacceptable nonsense. Constitution, laws and procedures are supreme than sentiments. If sentiments are that sensitive & strong then amendments must be moved, support mobilized for approval rather than shouting in the streets.

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