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Congress vs Centre Over Governor Post For Supreme Court Ex Judge

Congress general secretary and communications in-charge Jairam Ramesh tweeted a video of former law minister Arun Jaitley’s 2012 comment that “pre-retirement judgments are influenced by post-retirement jobs”

The Congress has raised vehement objections to the appointment of former Supreme Court judge Abdul S Nazeer as new Governor of Andhra Pradesh, within six weeks of his retirement, reigniting the debate over the mandatory cooling off period for judges post- retirement. Citing the late BJP leader and former law minister Arun Jaitley’s remarks against such appointments, the Congress said the move was a “great threat” to the independence of the judiciary.

Justice Nazeer, who was part of several ground-breaking judgments including the Ayodhya Ram Janambhoomi case, demonetization and Triple Talaq, was one of the six new faces appointed as Governors by President Droupadi Murmu.

Congress general secretary and communications in-charge Jairam Ramesh tweeted the video of Arun Jaitley’s comment in 2012 that “pre-retirement judgements are influenced by post-retirement jobs…  It is a threat to the Independence of the judiciary”.

“Adequate proof of this in the past 3-4 years for sure,” read the caption added by Mr Ramesh.

“We are not talking about persons or individuals,” Congress’s Abhishek Manu Singhvi later clarified at a press conference, reported news agency Press Trust of India.

“Personally, I have very great respect for this person (Nazeer). I know him, it is not about him at all. As a matter of principle we oppose it, as a matter of principle we believe it is a matter of great diminution and a great threat to the Independence of the judiciary,” Mr Singhvi said, citing Arun Jaitley’s remarks.

CPM leader and Rajya Sabha member AA Rahim also criticised the government’s decision, calling it a “blot on democracy”. Justice Nazeer, he added, should refuse to take up the job.

“The decision of the Union government to appoint Justice Abdul Nazeer as a Governor is not on par with the constitutional values of the country. It is highly condemnable. He (Nazeer) should refuse to take up the offer. The country should not lose the confidence in its legal system. Such decisions of the Modi government are a blot on Indian democracy,” Mr Rahim said in a Facebook post.

The BJP’s national general secretary BL Santosh took a swipe at the opposition with a reminder that the appointment of judges as Governors is not a first. Earlier, former Chief Justice of India Justice P Sathasivam, and former Justice M Fathima Beevi were appointed Governors.

Before his retirement on January 4, Justice Nazeer had led the led the Constitution Bench that held the notes ban by the government as valid. He was also part of the bench that gave a unanimous verdict on building Ram temple at Ayodhya.

He was also part of the bench that declared ‘right to privacy’ a fundamental right and had delivered a minority verdict upholding instant “triple talaq”.

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