The government decision to reappoint retired judicial officers in Fast Track Special Courts (FTSC) trying rape cases and cases booked under Protection of Children from Sexual Offences Act may snatch away the powers of the Kerala High Court in appointment of judges besides compromising the independence of judiciary, fear judges.
The decision, according to some judicial officers of the State, may lead to usurping of the powers of the High Court besides leaving an impact on the deliverance of justice in sensitive cases.
The State government had last week issued the order for the appointment of 28 retired district judges and special public prosecutors, confidential assistants and computer assistants on contract basis to these courts. The FTSCs, which were launched in 2020, will function for two more financial years from 2020-2021.
The order will enable the State government to handpick the judges to the courts, which are handling highly sensitive cases.
Wide jurisdiction
The FTSCs are full-fledged courts with wide criminal jurisdiction. It will be inappropriate for the executive to arrogate for themselves the powers of the judiciary, said the office-bearers of the Kerala Judicial Officers Association.
Earlier, the State government had rolled back a similar decision involving the appointment of retired judges when it was brought to its notice, said V.P.M. Suresh Babu, president of the organisation.
The appointment of retired judges also raises the question of administrative control and supervisory powers over them, felt V. Vinitha, secretary of the organisation.
The performance of in-service judicial officers are regularly monitored by the Kerala High Court, which has administrative control over them. The High Court can take action against erring officials. However, it is not the case with the retired hands, who may not be accountable to the High Court, she said.
The appointment of the retired judges will also adversely impact the career prospects of hundreds of judicial officers of the State. The decision is also unlikely to financially benefit the government. The Association will move the Kerala High Court and the State government against the decision, she said.
Incidentally, there are around 10,000 POCSO cases pending in the State.
