The government’s decision to re-appoint retired judicial officers to Fast Track Special Courts (FTSCs) dealing with rape cases and cases registered under the Protection of Children from Sexual Offenses Act apart from compromising on the independence of the judiciary. can take away the powers of the Kerala High Court. Fear the judges.
According to some judicial officers in the state, the decision could lead to usurping of the powers of the High Court, besides leaving an impact on the delivery of justice in sensitive cases.
The state government last week issued orders for the appointment of 28 retired district judges and special public prosecutors, confidential assistants and computer assistants in these courts on contract basis. The FTSC, which was launched in 2020, will function for two more financial years from 2020-2021.
The order will enable the state government to assign judges in courts that are dealing with highly sensitive cases.
wide jurisdiction
FTSCs are full-fledged courts with wide criminal jurisdiction. Officials of the Kerala Judicial Officers’ Association said it would be unfair for the executive to boast about the powers of the judiciary.
The organization’s president VPM Suresh Babu said that earlier, the state government had withdrawn a similar decision related to the appointment of retired judges.
V. Vinita, the secretary of the organization, felt that the appointment of retired judges also raised questions on administrative control and supervisory powers over them.
The performance of serving judicial officers is regularly monitored by the High Court of Kerala, which has administrative control over them. The High Court can take action against the guilty officials. However, this is not the case with retirees, who cannot be answerable to the High Court, she said.
The appointment of retired judges will also adversely affect the career prospects of hundreds of judicial officers in the state. This decision is also unlikely to bring economic benefits to the government. He said the association would approach the Kerala High Court and the state government against the decision.
Incidentally, there are around 10,000 POCSO cases pending in the state.