Today, On 13th June, The Kerala High Court mandated that judges must submit all pending judgments before retirement, following a letter from the Bar President. Additionally, the court has imposed restrictions on the use of chambers. These measures aim to ensure timely delivery of judgments and proper utilization of court resources.
Kerala: The Kerala High Court established new guidelines for the use of chambers and the signing and uploading of judgments by judges following their retirement. These guidelines issued by the Chief Justice of the High Court AJ Desai, as detailed in a notification released today by the Registrar General.
Previously, Advocate Yeshwanth Shenoy, President of the Kerala High Court Advocates’ Association (KHCAA), addressed a letter to the Chief Justice alleging that Justice Mary Joseph, who retired on June 2, still visiting her chambers post-retirement.
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Shenoy further claimed that the retired judge being given access to case files to continue writing judgments even after her retirement.
In a notification issued today by the Registrar General, it is stated,
“The Honourable Chief Justice, finding it essential to establish guidelines for the signing/uploading of Judgments/Orders at the time judges relinquish their duties due to retirement, transfer, or elevation, as well as for the use of Chambers and retention of attached staff, has issued the following guidelines.”
The guidelines request that judges “refrain from using the Chambers after the date of their retirement.”
Additionally, the notification specifies that the staff attached to the judge must hand over all case records to the Registry by 4:30 pm on the third working day following the judge’s retirement. For judges who are elevated or transferred, the guidelines allow them to retain their chambers for a period approved by the Chief Justice.
Regarding the signing or uploading of judgments post-retirement, the guidelines state,
“To avoid unnecessary challenges to the validity of the Judgments/Orders delivered/signed/uploaded on the High Court’s website upon retirement, transfer, or elevation, the Hon’ble Judges are requested to hand over the signed Judgments/orders for all reserved cases to the Registry on or before their last working day, or by midnight of their retirement date at the latest. If any Judgments/Orders are not ready by then, those cases should also be handed over to the Registry to be placed before the concerned Bench.”
Additionally, the guidelines specify that no staff member should upload any Judgments/Orders more than three working days after the judge’s retirement.
The new guidelines indicate,
“The Registrar (Computerisation)-cum-Director (IT), High Court, will implement the necessary system changes to ensure that Judgments/Orders are not uploaded after three days from the judge’s retirement,”
The new guidelines also state that judges may retain their attached staff, except co-terminus Sevaks, for up to one month, with the possibility of extensions as approved by the Chief Justice upon the judge’s request.
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In his complaint to the Chief Justice last week, Advocate Shenoy remarked,
“I am bringing your attention to the IT systems of this Hon’ble Court, which have not yet deactivated the access given to Justice Mary Joseph and her staff. In every organization, IT access is deactivated the moment a person retires. Thankfully, IT systems leave trails that can be investigated, and personal accountability can be determined based on those trails. I request your Lordship to immediately order the IT Registrar to deactivate the access granted to Justice Mary Joseph and her staff and to call for a report on all activities, including the uploading of judgments carried out after June 2, 2024.”
Earlier this week, Shenoy wrote to the Chief Justice of India, seeking a CBI inquiry against Justice Mary Joseph, alleging that convicts in NDPS cases released based on orders even though the judgments had not been issued until her retirement. The KHCAA boycotted the official farewell function for Justice Mary Joseph.