The Allahabad High Court has sought a response from the Uttar Pradesh government on whether any security rules exist for retired High Court judges, highlighting concerns over judicial independence and post-retirement protection for constitutional office holders.
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UTTAR PRADESH: The Allahabad High Court seeks details from the Uttar Pradesh government regarding the existence of any security rules framed for retired High Court judges. The court directed the state to place the relevant rules, if any, on record through a proper affidavit.
The order was passed by a Division Bench comprising Justice Ajit Kumar and Justice Swarupama Chaturvedi while hearing a petition filed by the Association of Retired Supreme Court and High Court Judges, along with another petitioner.
Senior Advocate Alok Kumar Yadav, assisted by Advocate Vashishth Dwivedi, submitted that the security of retired judges is a serious and pressing concern. The petitioners argued that ensuring post-retirement security is essential to uphold the independence of the judiciary.
The counsels emphasized that judges are required to deliver judgments without fear or favour till the very last day of their tenure, even in sensitive or high-stakes matters.
“It becomes necessary for the independence of judiciary as a judge passes judgment with his own independent conviction even on the last day when he is demitting his office,”
the petitioners’ counsel argued.
They further pointed out that judges take an oath to uphold the Constitution and the rule of law, and therefore deserve reasonable protection even after retirement.
The petitioners submitted that a retired judge requires at least minimum security while moving in public, considering the nature of cases handled during their judicial career.
“A constitutional post-holder at least deserves this much protection to his life and his family after demitting office,”
the counsels added.
Taking note of the submissions, the bench directed the Additional Advocate General to place on record the relevant security rules, if any, applicable to retired High Court judges.
“Let learned Additional Advocate General place relevant security rules, if any, framed for retired High Court Judges, and a proper affidavit be filed in the matter by the next date fixed,”
the court ordered.
The Allahabad High Court has listed the matter for further hearing on February 9.
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