Justice Nazeer becoming Andhra governor gathers strong criticism

New Delhi: After the appointment of former Supreme Court Judge S Abdul Nazeer as Andhra Pradesh Governor, strong criticism emerged from Opposition parties.

Congress has reacted to the appointment, saying that it was a severe diminution and a threat to an independent judiciary, The Indian Express reported.

As usual, BJP didn’t forget to defend the Centre’s decision. It said that former judges were appointed to different positions in the past too, and Congress always politicise every issue.

However, the new appointment has significance since Jus Nazeer was among the Supreme Court benches, which had pronounced verdicts in multiple sensational cases, including the Ayodhya’s Babri Masjid-Ram Janmabhoomi land dispute.

After the November 2019 verdict of the Ayodhya case, which was in favour of Hindu parties, two of the judges in the five-judge bench, Justices Ranjan Gogoi and Ashok Bhushan, received official posts. When the former became a Rajya Sabha member, the latter was appointed the chairperson of the National Company Law Appellate Tribunal, and both appointments were made within months of the respective judges’ retirement.

The Ayodhya verdict was unanimous, but Nazeer had dissented against the 4:1 majority view that refused to refer the issue to a larger bench, TIE reports. He was also among the 3:2 minority opinion in the 2017 triple talaq ruling, holding that the practice was legally valid.

He was on the bench that upheld the Demonetisation of the Centre and shortly after the ruling Jus. Nazeer retired.

Criticising the appointment, Congress leader Abhishek Singhvi cited the 2013 remarks in Rajya Sabha by late BJP leader Arun Jaitley. He quoted Jaitley “the desire for a post-retirement job influences pre-retirement judgements.” Also, “it is a threat to the independence of the judiciary…”

In a Facebook post-CPI (M), Rajya Sabha member AA Rahim criticised the appointment. The post read, “The decision of the Union government to appoint Justice Abdul Nazeer as a Governor was not in consonance 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 confidence in its legal system. Such decisions of the Modi government are a blot on Indian democracy.”

All India Lawyers Union (AILU) came down on the appointment, calling it a “hazard of multi-dimension; humiliating and shameful”.

In a statement, AILU said, “appointment of Justice Abdul Nazeer as Governor of Andhra Pradesh is yet another illustration of violation of the independence of the judiciary from within and without; the confluence of streams of poison, pollution and what not; humiliating and shameful. It is an affront to the dignity of We, the people of India, constitutional morality and a severe jolt to the confidence of the people in the judiciary.”

“By consenting for this appointment/placement, Justice Nazeer once again demonstrates that he has been on the very same page on principles and ideology along with the present regime at the centre; Sangh Parivar government, their political executive and their masters,” the statement read.