NEW DELHI, July 25: Intelligence Bureau (IB) reports are being used by the Centre to bring down people, observed legal experts while stressing the need for setting up of a National Judicial Commission (NJC) for appointment of judges to the Supreme Court and high courts all over the country.

Accusing the Centre of large scale manipulation in the IB reports, the lawyers alleged that ``it was a tool of the Government to demoralise a person and to make `suitable' favour to their blue-eyed boys in appointing them on key positions both in the executive and the judiciary''.

According to official sources, out of 522 sanctioned posts of judges in the higher judiciary, over 90 posts are lying vacant following the retirement and transfer of judges from one high court to another. The legal experts observation came in wake of the Government's dilly-dallying attitude in setting up of the National Judicial Commission to look into all administrative matters in the higher judiciary.

It may be noted, after reviewing the existing system -- judicial administration and appointment of judges -- the legal experts had suggested the Government to set-up a five-member Commission on Judicial Accountability.

Recommending a five-member commission, it was proposed that one member will be nominated from the member of the council of ministers of the ruling party, including the Prime Minister while another will be nominated by the Opposition party.

The Chief Justice and other judges of the Supreme Court will elect one member. The fourth member will be nominated amongst all the 18 Chief Justices of the High Courts, while the fourth member will represent All India Bar Council.

``This NJC would be empowered to appoint judges, take action against them and there would be no political or executive interference in day-to-day functioning of the Commission,'' said senior counsel R K Anand adding that this would make an end of the `nepotism' and `favouritism' which was rampant in the country.

Senior advocate Shanti Bhushan said, ``How can a party (Government) against whom most of the public interest litigations is filed be given the right to choose the judges?''

Expressing dissatisfaction over the existing system for appointment of judges, former Supreme Court Judge Rajinder Sachar said the NJC would enable the judiciary to make independent decisions, so far as appointment of judges and judicial administration is concerned.

Under the existing system, the process for appointment of judges to the High Courts was initiated after the recommendation of a panel, consisting of three senior judges including the Chief Justice of the concerned high courts and the final selection was being done by another committee of the apex court. After getting approval from the apex court's chief justice, the final approval was being made by the government.

``In most cases, the date of vacancies occurring is known to the authorities well in advance. There is no valid reason, therefore, for the replacement of judge not being ready to take over the date of schedule vacancy. This is possible, if a penal of selected judges is made ready and announcement well in advance, observed Ashok Arora, a Supreme Court advocate.''

``Any apprehension that such centralization of the channel for appointment of judges may create bottlenecks in appointments, could be taken care of by the selection of proper persons with professional approach as members of the commission,'' observed Rajiv Awasthi, a high court advocate.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.